The Veteran's cervical spine disability is granted a 20 percent rating prior to July 16, 2020 and denied for ratings in excess of 20 percent thereafter. Other issues are remanded for further evaluation.
The deciding factor: The evidence does not meet the criteria for a higher rating based on forward flexion or ankylosis of the cervical spine.
- Claimed conditions
- Cervical spine degenerative arthritis with cervical strain, Bilateral hearing loss disability, Residuals of right foot fracture, Acquired psychiatric disability, Traumatic brain injury (TBI), Ehlers-Danlos syndrome (EDS), Sleep disability, Thoracolumbar spine disability, Right elbow disability, Left elbow disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- 23067928
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 23067928.
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.
- Denied
The Board denied the Veteran's claims for service connection for a right elbow disability and a nasal disability, finding that there was no evidence of in-service injury or disease resulting in these conditions.
- Dismissed
The Veteran's appeal regarding attorney fees for past-due benefits awarded in a June 2021 rating decision is dismissed as moot due to the waiver of rights by R.V.C.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Remanded (sent back)
The Veteran's request to readjudicate the claim for service connection for an acquired psychiatric disability with alcohol and drug abuse is granted. The Board has determined that new and relevant evidence sufficient to readjudicate the claim has been received, but further development is needed due to a pre-decisional duty to assist error regarding verification of reported deaths in service.
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