The Board remands the claims for service connection for cervical and lumbar spine degenerative disc disease and arthritis, as well as cervical radiculopathy in both upper extremities, due to an inadequate VA medical opinion.
The deciding factor: The August 2018 VA medical opinions are found to be inadequate because they failed to consider the Veteran's periods of active service prior to 2008 and applied the incorrect evidentiary standard when addressing preexisting disabilities.
- Claimed conditions
- cervical degenerative disc disease and arthritis, cervical radiculopathy, left upper extremity, cervical radiculopathy, right upper extremity, lumbar spine degenerative disc disease and arthritis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001451
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.
- Dismissed
The appeal for service connection and initial rating claims has been withdrawn by the Veteran.
- Partly granted
The Board granted service connection for cervical radiculopathy as secondary to the Veteran's service-connected cervical spine disability and denied an initial rating in excess of 20 percent for a cervical spine disability.
- Remanded (sent back)
The appeal for a higher rating for lumbar spine degenerative disc disease and arthritis is remanded due to the unavailability of the original Veterans Law Judge and lack of response from the Veteran regarding additional evidence.
- Partly granted
The Board granted an initial 70 percent evaluation for the service-connected psychiatric disability and a TDIU, but denied other claims related to earlier effective dates and burial expenses.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.