The Board has remanded the cases for further development due to inadequate examination and incomplete record. The Veteran's claims of increased ratings for his cervical spine and right upper extremity radiculopathy are now pending.
The deciding factor: The examination did not comply with VA regulations regarding range of motion testing, and additional information is needed to determine the severity of the Veteran's conditions during flare-ups.
- Claimed conditions
- Cervical spine strain with degenerative disc disease, degenerative arthritis, and intervertebral disc syndrome, Right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2024
- Citation
- 24010144
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 24010144.
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.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
- Granted
The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.
- Granted
The Board has granted earlier effective dates of November 14, 2016 for the service connection of right upper extremity radiculopathy and left lower extremity radiculopathy as secondary to service-connected neck condition and lumbosacral strain, respectively.
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