The Veteran's claims for an increased rating for cervical strain and service connection for cervical spondylotic myelopathy status post facetectomy and fusion are remanded due to duty-to-assist errors.
The deciding factor: The VA examinations did not adequately consider all of the Veteran's symptomology associated with his claims, particularly regarding bilateral upper extremity radiculopathy and cervical spondylotic myelopathy.
- Claimed conditions
- cervical strain, bilateral upper extremity radiculopathy, cervical spondylotic myelopathy status post facetectomy and fusion
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2024
- Citation
- A24050457
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 A24050457.
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 service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of chronic neck pain and cervical strain, finding that the Veteran did not file a claim for these conditions until June 28, 2013.
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