The Board has remanded the claims for cervical spine injury, left upper extremity neuropathy, and right upper extremity neuropathy secondary to cervical spine injury due to insufficient evidence in the record. The Veteran's private treatment records have not been obtained.
The deciding factor: The VA failed to obtain relevant private treatment records that were reasonably identified by the Veteran.
- Claimed conditions
- cervical spine injury, left upper extremity neuropathy, right upper extremity neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2024
- Citation
- A24058360
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 A24058360.
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-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability based on individual unemployability.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including SMC based on loss of use of the bilateral upper and lower extremities, as well as rating increases for various neuropathies. The AOJ is instructed to obtain an adequate opinion regarding whether the Veteran's service-connected conditions have manifested with the loss of use of his hands, legs, and feet.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.
- Dismissed
The Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.
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