The Board has determined that the VA examination and opinion provided in December 2019 were inadequate due to an inaccurate factual premise. The Veteran's service treatment records and post-discharge treatment records document his complaints of neck pain and stiffness, which should be considered by a new examiner.
The deciding factor: The decision is remanded because the prior opinions were based on inaccurate facts from the Veteran's record regarding his in-service reports of neck pain and stiffness as well as his continuing symptoms following service.
- Claimed conditions
- cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2023
- Citation
- A23035178
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. Read the original VA decision (opens in a new tab) using citation A23035178.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Dismissed
The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Dismissed
The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.
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