The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as right upper extremity radiculopathy. The reasons include inadequate examinations that did not consider flare-ups or intervertebral disc syndrome prior to December 13, 2021, and a need for another VA examination to assess the current severity of his service-connected lumbar and cervical spine disabilities.
The deciding factor: The Board found that the previous examinations were insufficient in considering functional loss due to flare-ups and intervertebral disc syndrome prior to December 13, 2021.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Cervical Spine Degenerative Disc Disease with torticollis, Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 13, 2023
- Citation
- 23038847
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 23038847.
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 Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection due to issues being inextricably intertwined with the character of discharge determination. The Veteran's mental state at the time of misconduct is also under examination.
- Granted
The Veteran is granted a TDIU and SMC for statutory housebound due to service-connected disabilities, including anxiety disorder, degenerative arthritis of the cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy. The combined rating is at least 100 percent.
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