The Board has remanded the claims for a rating in excess of 20 percent for neck disability and entitlement to TDIU prior to May 31, 2017 due to inadequate VA examination findings. The Veteran is required to undergo an adequate VA examination that includes estimates for repetitive-use over time and flare-ups with corresponding rationales.
The deciding factor: The Board found the March 2022 VA examination inadequate as it lacked rationale for its estimations of range of motion after repetitive use over time and flare-ups, necessitating a new examination to comply with remand directives.
- Claimed conditions
- neck fracture C5 compression with degenerative arthritis, PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 22, 2023
- Citation
- 23062143
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 23062143.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Granted
The Veteran's appeal for an extension of his education assistance benefits under Chapter 33 was granted, as the evidence showed he was negatively affected by the COVID-19 pandemic and could not complete his program within the original eligibility period.
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