The Board has determined that the reduction of the disability rating for neck sprain from 20 percent to 10 percent, effective April 1, 2021, was not proper and has restored the prior 20 percent rating. The issue of entitlement to a disability rating in excess of 20 percent for neck sprain is remanded due to outstanding VA treatment records.
The deciding factor: The reduction of the disability rating was based on an inadequate VA examination report that did not provide measurements for both active and passive range of motion, which is required by regulation. The Board found no other competent evidence supporting a finding of objective improvement in the Veteran's disability at the time of the reduction decision.
- Claimed conditions
- neck sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2024
- Citation
- A24044576
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 A24044576.
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 denied service connection for headaches, neck sprain, left foot disorder, and right fourth toe mallet toe as the probative evidence did not support a finding that these conditions were related to the Veteran's active military service. The claim for chest pain was remanded.
- Denied
The Board denied the veteran's appeal for earlier effective dates for the grants of service connection for adjustment disorder, neck sprain and tinnitus.
- Granted
The Board has granted service connection for neck sprain with cervical radiculopathy, finding that the current disability is directly related to a neck injury sustained during service.
- Dismissed
The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.
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