The Board has remanded the case due to an error in not considering a secondary service connection theory for the Veteran's cervical spine disability, and also requires further examination to determine if any diagnosed conditions are congenital defects or diseases resulting from injuries during service.
The deciding factor: The decision is based on the need to correct a pre-duty-to-assist error by addressing the secondary service connection theory raised by the Veteran and requiring further medical evaluation to determine the nature of his cervical spine disabilities.
- Claimed conditions
- Cervical spine stenosis, Cervical osteochondrosis, Cervical radiculopathy (bilateral upper extremities), Multi-level cervical spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2024
- Citation
- A24041709
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 A24041709.
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 Board remands the claim for a neck disorder to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's current neck condition, including whether it is related to her military service.
- Granted
The Veteran's cervical spine disability was granted a 30 percent rating prior to April 4, 2023 and denied any higher rating. From April 4, 2023, the Veteran is not entitled to a higher rating than 30 percent. The Board also granted entitlement to TDIU from January 1, 2019.
- Denied
The Board denied service connection for cervical spine stenosis, headache, and left shoulder arthritis as the evidence did not show these conditions were incurred or aggravated during active duty service.
- Granted
The Board denied the Veteran's claim for benefits under 38 U.S.C. § 1151 due to lack of causation, as the Veteran's current cervical stenosis and radiculopathy were not caused by VA carelessness or negligence.
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