The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar strain due to inadequate examinations that did not account for pain during range of motion testing, flare-ups, or ankylosis. The cases are being referred to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The examinations were insufficient in accounting for the Veteran's reported functional impairment and pain during range of motion testing and flare-ups.
- Claimed conditions
- cervical strain, lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2023
- Citation
- 23025806
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23025806.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
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