The Board remands the claims for a VA examination to determine the nature and etiology of the Veteran's neck pain condition and whether his right upper extremity radiculopathy is secondary to it.
The deciding factor: A remand is necessary due to the Veteran failing to report for a scheduled VA examination without clear evidence that he was properly notified, as required by 38 C.F.R. § 3.655.
- Claimed conditions
- neck pain, right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004721
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.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
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