The Board has remanded the Veteran's claims for increased ratings for IVDS of the cervical spine and right shoulder strain due to inadequate medical examinations. The Veteran is required to be re-examined to determine the current severity of his service-connected disabilities.
The deciding factor: The VA examinations were found to be inadequate, particularly regarding range of motion testing on repeated use over time, flare-ups, pain on active and passive range of motion testing, and in weight-bearing and non-weight bearing positions. The Veteran is required to provide additional information about the severity, frequency, duration, precipitating factors, and alleviating factors of any reported flare-ups.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) of the cervical spine, Right shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2024
- Citation
- 24016137
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 24016137.
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 Board has denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) as there is no evidence that he is unable to secure or follow substantially gainful employment due to his service-connected conditions.
- Granted
The Veteran's service-connected conditions leave her in need of regular aid and attendance, which is granted for special monthly compensation (SMC) based on the need for regular aid and attendance.
- Granted
The Board has granted service connection for right shoulder strain, finding that the Veteran's condition began during his military service and is related to an in-service injury.
- Remanded (sent back)
The Veteran's right shoulder strain and migraine headaches are granted. The claim for migraine headaches is remanded due to the need for a VA examination.
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