The Board has decided to remand the case due to non-compliance with previous directives and a need for an additional medical opinion regarding the relationship between the Veteran's service-connected thoracolumbar spine strain with scoliosis and his right upper extremity radiculopathy.
The deciding factor: The decision is based on the failure of substantial compliance with remand directives, necessitating another remand to obtain a medical opinion.
- Claimed conditions
- right upper extremity radiculopathy, thoracolumbar spine strain with scoliosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062763
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 23062763.
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 granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Granted
The Board has granted effective dates of January 4, 2024 for the service connection of left and right upper extremity radiculopathy as a complication or secondary to service-connected cervical degenerative disc disease with spinal stenosis and vertebral fracture.
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