The Veteran's neck disability is rated at 10 percent, and the Board has remanded for further action on his claims of increased ratings and earlier effective dates. His left and right upper extremity radiculopathy are also being remanded.
The deciding factor: The VA examiner found no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, which is necessary for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- cervical strain, spondyloarthropathy, foraminal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2024
- Citation
- A24058810
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 A24058810.
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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