The Board has determined that the Veteran's appeal for increased ratings and TDIU is remanded due to procedural defects, including a failure to readjudicate the case after receiving new evidence. The Veteran will need to provide additional medical records and undergo a VA examination.
The deciding factor: Procedural errors prevented the AOJ from fully addressing the Veteran's claims in their initial review.
- Claimed conditions
- Degenerative arthritis of the cervical spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003570
Veterans Law Judge
Decisions by this judge: 399 · Granted: 41% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24003570.
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.
- Denied
The Veteran's cervical spine disability with IVDS is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are all currently rated at 20 percent, and the Board finds that a higher rating is not warranted.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the current severity of his service-connected disabilities.
- Granted
The Veteran's cervical spine disability, claimed as cervical strain with muscle pain and arthritis, is granted.,The Veteran's chronic right trapezius disorder is granted.,The Veteran's headaches are secondary to his service-connected degenerative arthritis of the cervical spine.
- Granted
The Board has granted service connection for degenerative arthritis of the cervical spine, right shoulder, left shoulder, and lumbar spine conditions, finding that these conditions are related to injuries incurred during combat in Vietnam.
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