The Board has determined that the Veteran's cervical spine and associated radiculopathy claims require additional examination to assess his functional impairment throughout the applicable rating period, including during flare-ups and after repeated use over time. The ratings for the right and left upper extremities are also remanded due to inconsistencies in the evidence.
The deciding factor: The Board finds that the current examination reports do not adequately address the Veteran's functional impairment, particularly during periods of flare-up or after repetitive use, which is necessary to ensure compliance with VA's duty to assist and a fully informed decision.
- Claimed conditions
- Cervical spine arthritis, Right upper extremity cervical radiculopathy, Left upper extremity cervical radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2024
- Citation
- A24043889
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 A24043889.
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, including right and left upper extremity radiculopathies, is granted as service connected. The issues of right and left upper extremity radiculopathy are remanded for further examination.
- Granted
The Board has granted service connection for left upper extremity cervical radiculopathy as secondary to a service-connected cervical spine disability.
- Granted
The Board has granted service connection for cervical spine arthritis, bilateral knee degenerative arthritis, and lumbar degenerative disc disease. The Veteran's conditions are deemed to have been incurred during his active military service.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to support the Veteran's claims for service connection, but the claims are being remanded due to deficiencies in the medical opinions provided.
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