The Board remands the claim for service connection for cervical strain (neck pain) to correct a duty-to-assist error, as an adequate VA examination and medical opinion were not provided.
The deciding factor: The December 2021 and February 2022 VA opinions are insufficient because they did not provide an aggravation opinion and based their conclusions on the absence of in-service documentation without other supporting evidence.
- Claimed conditions
- cervical strain (claimed as neck pain)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069705
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.
- Partly granted
The Board granted service connection for right and left cervical radiculopathy as secondary to the Veteran's back disability, but remanded claims for cervical strain and left knee strain.
- Dismissed
The Board dismissed the appeals for service connection for various conditions as the notice of disagreement was not filed within a year from the mailing of the rating decisions.
- Partly granted
The Board denied service connection for bilateral hearing loss and somatic symptom disorder. The claims for chest pain, trouble breathing, cervical strain, left hip strain, right hip strain, left elbow strain, right elbow strain, and right shoulder strain with rotator cuff tendonitis were remanded for further evaluation.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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