The Veteran's left upper extremity radiculopathy is granted with a rating of 40 percent, effective July 13, 2018.,The Veteran's lumbosacral strain and thoracic spine spondylosis (back disability) are remanded for further evaluation as the Board finds that there may be ankylosis or similar pathology not previously addressed in the October 2018 VA examination report.,The Veteran's cervical spine strain is remanded for further evaluation as the Board finds that there may be ankylosis or similar pathology not previously addressed in the October 2018 VA examination report.
The deciding factor: Inconsistent findings regarding ankylosis or similar pathology were noted in the October 2018 VA examination reports, which need to be clarified.
- Claimed conditions
- left upper extremity radiculopathy, lumbosacral strain and thoracic spine spondylosis (back disability), cervical spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 19, 2024
- Citation
- A24047870
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 A24047870.
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 Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error and inextricably intertwined issues. Specifically, a new VA medical opinion is needed regarding the etiology of the Veteran's cervical spine disability.
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