The Veteran's claims for increased ratings related to cervical strain with degenerative arthritis, mild degenerative arthritis of the lumbar spine, left lower extremity sciatica, and PTSD are being remanded due to incomplete development. Additional records need to be obtained, including VA treatment records from VistA Imaging and private chiropractic and physical therapy records. The Veteran's work history must also be updated.
The deciding factor: The Board finds that the previous examinations did not comply with the requirements in Correia and Sharp for musculoskeletal disabilities, specifically regarding passive range of motion measurements and pain on movement.
- Claimed conditions
- cervical strain with degenerative arthritis, mild degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2024
- Citation
- 24009963
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 24009963.
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 Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to a duty-to-assist error, and the case is inextricably intertwined with his TDIU claim.
- Granted
The Veteran's cervical spine disability is rated at 20 percent, the maximum schedular rating. The Veteran's right upper extremity radiculopathy and left knee medial meniscus tear are each rated at 20 percent. Bilateral knee limitation of extension and flexion are each rated at 10 percent. Hypertension is rated at 10 percent. PTSD is rated at 30 percent, and headaches are rated at 30 percent.
- Dismissed
The Veteran withdrew his appeal for increased ratings for hepatitis B and C with chronic fatigue, migraines, cervical strain with degenerative arthritis, and chronic cartilage fracture at junction of 10th and 11th right rib complex.
- Granted
The Veteran's claims for service connection for cervical strain with degenerative arthritis and headaches have been granted. The claim for service connection for bilateral hearing loss is remanded, as are the TBI claims.
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