The Board remands the claim for an adequate VA opinion regarding whether the Veteran's degenerative arthritis of the cervical spine is caused or aggravated by his service-connected degenerative disease in the dorsal spine.
The deciding factor: Remand is necessary due to a duty to assist error in failing to obtain an adequate examination addressing the relationship between the cervical and dorsal spine conditions.
- Claimed conditions
- Degenerative arthritis of the cervical spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070489
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 an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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