The Board has decided to remand the case due to insufficient examination and missing VA treatment records, requiring a new evaluation of the Veteran's neck/upper back condition.
The deciding factor: The examiner was unable to address additional information provided by the Veteran during his July 2022 hearing testimony regarding in-service injuries, self-treatment, and chronicity.
- Claimed conditions
- neck/upper back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026389
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 23026389.
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.
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- Dismissed
The Veteran's claims for service connection for low back/thoracolumbar spine condition and neck (claimed as musculoskeletal/neck/upper back/cervical spine) have been dismissed as moot because the conditions were granted in a September 2023 rating decision.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disability, finding that there was no evidence of an in-service injury or chronic condition and that any current cervical spine disability is not related to his military service or a service-connected right shoulder disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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