The Board remands the matter for a new VA examination to determine the nature and severity of the Veteran's service-connected cervical spine disability, as the March 2018 VA examination was found inadequate.
The deciding factor: The March 2018 VA examination did not adequately address the Veteran's reported flare-ups and functional loss during flare-ups and on repeated use over time, in compliance with Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- cervical spine degenerative joint disease, cervical spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002960
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 remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Granted
The Board granted service connection for multiple musculoskeletal conditions and a psychiatric condition, all of which were determined to be caused by an in-service injury.
- Denied
The Board denied the veteran's claims for increased ratings and remanded several service connection claims.
- Partly granted
The Board denied increased disability evaluations for several conditions, dismissed claims for others, and remanded two issues for further development.
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