The Board has remanded the case due to inadequate medical opinions regarding the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to a service-connected condition.
The deciding factor: The VA examiner did not adequately address the date of onset of the degenerative process or pain, nor did they consider the possibility that an injury during service could have progressed to the current disability.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- 23064816
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 23064816.
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 remanded the Veteran's claims for a disability rating in excess of 30 percent for cervical spine DJD, right upper extremity radiculopathy, and left upper extremity radiculopathy due to incomplete development.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities have been remanded due to new treatment records showing possible worsening of his conditions.
- Denied
The Veteran's cervical spine disability is rated at 20 percent, effective February 5, 2022. The rating for LUE radiculopathy remains unchanged.
- Denied
The Veteran's cervical spine disability and upper extremity radiculopathy are rated at the lowest available levels, with no higher ratings granted due to lack of ankylosis or incapacitating episodes.
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