The Veteran's claims for increased ratings for degenerative arthritis of the cervical spine and lumbar facet arthropathy with degenerative arthritis are being remanded due to a duty to assist error in failing to obtain an adequate examination prior to the June 2023 rating decision.
The deciding factor: The VA examinations were inadequate as they did not accurately consider all of the Veteran's symptomology, including flare-ups and functional loss during range of motion testing.
- Claimed conditions
- Degenerative arthritis of cervical spine, Lumbar facet arthropathy with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2024
- Citation
- A24042628
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 A24042628.
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 cervical spine disability has been rated at 20% since April 2020 and is now rated at 30% throughout the appeal period. The rating is based on forward flexion limited to 15 degrees or less, with no ankylosis.
- Remanded (sent back)
The Board remands the claims for service connection for degenerative arthritis of cervical spine, left upper extremity radiculopathy, right upper extremity radiculopathy, and scar on neck as secondary to a lumbar spine disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for an initial evaluation more than 20 percent for degenerative arthritis of cervical spine and more than 30 percent for right upper extremity (RUE) radiculopathy and carpal tunnel syndrome to ensure adequate examinations are conducted.
- Denied
The Board denied service connection for degenerative arthritis of the right shoulder and cervical spine, finding that there is no persuasive evidence linking these conditions to service.
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