The Board has remanded the case for a new VA examination to determine the current nature, extent, and severity of the Veteran's cervical spine disability. The issues include rating claims for cervical spine spondylosis and upper extremity radiculopathy.
The deciding factor: The prior examiner did not discuss evidence related to flare-ups and repeated use over time, which is required by the Board's previous remand directives.
- Claimed conditions
- cervical spine spondylosis, right upper extremity (RUE) radiculopathy, left upper extremity (LUE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2024
- Citation
- 24007603
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 24007603.
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 Veteran's appeals for earlier effective dates and increased ratings were dismissed as the appeal requests were not timely filed.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for new VA examinations to determine the current severity of his service-connected cervical spine, lumbar spine, left shoulder, and bilateral upper extremity radiculopathy disabilities. The examination results will be used to determine if increased ratings are warranted.
- Remanded (sent back)
The Veteran's cervical spine disability is being remanded for further development to determine its nature and etiology, including consideration of in-service events and symptoms.
- Granted
The Veteran's increased ratings for cervical strain with IVDS and lumbosacral and thoracic strain, as well as service connection for LUE, LLE, and RLE radiculopathy were granted effective May 8, 2023.,Dependents' Educational Assistance (DEA) benefits were also awarded based on the Veteran's combined 100 percent disability rating.
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