The Board has identified deficiencies in the November 2020 VA examinations and finds that these constitute pre-decisional duty to assist errors. The Veteran's cervical spine and left hip disabilities need to be re-evaluated by VA examiners.
The deciding factor: The examination reports are deficient, particularly regarding the Veteran's reported symptoms during repetitive use and flare-ups, which may affect functional ability.
- Claimed conditions
- Cervical spine degenerative disc disease, Left hip limitation of flexion, Left hip limitation of abduction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2024
- Citation
- A24061236
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 A24061236.
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 Board has granted service connection for cervical spine degenerative disc disease, lumbar spine degenerative disc disease, left lower extremity radiculopathy, and right lower extremity radiculopathy. Service connection was denied for a groin condition.
- Denied
The Board denied the Veteran's claims for earlier effective dates as they were received more than one year after her intent to file a claim, and no good cause extension was requested.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Denied
The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher ratings under the applicable rating criteria.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.