The Board has reopened the claim of entitlement to service connection for a cervical spine (neck) disability and remanded both the service connection and compensation pursuant to 38 U.S.C. § 1151 claims.
The deciding factor: New evidence was submitted that relates to an unestablished fact necessary to substantiate the claim, specifically whether the Veteran's current neck disability is related to his active service, including a July 1973 incident and treatment for right upper extremity symptoms in November and December 1973. Additionally, there are concerns about informed consent for the August 2011 cervical spine surgery.
- Claimed conditions
- cervical spine (neck) disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026409
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 23026409.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine, right shoulder, left knee, and right knee disabilities due to inadequate medical opinions. The VA will obtain additional medical opinions that consider all relevant evidence of record, including the Veteran's lay statements.
- Granted
The Veteran's cervical spine, left and right upper extremity neurological disabilities, and headaches are all granted service connection. The back disability is remanded for further review.
- Dismissed
The Veteran withdrew his appeals for headaches, cervical spine disability, and lumbar spine disability. The Board dismissed these issues as a result.
- Granted
The Veteran's cervical spine (neck) disability, left shoulder disability, and migraines are granted service connection. The thoracolumbar and bilateral elbow disabilities are remanded for further examination.
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