The Veteran's appeal is remanded due to a duty to assist error and the need for additional medical opinions regarding his cervical spine disability.
The deciding factor: The Board found that there was a pre-decisional duty to assist error, specifically in obtaining records of non-VA treatment and records relating to the December 13, 2016 surgery. The Veteran's attorney also argued that the award of a temporary total rating for convalescence could affect his entitlement to special monthly compensation (SMC).
- Claimed conditions
- Degenerative disc disease, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070508
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24070508.
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 degenerative disc disease with intervertebral disc syndrome (IVDS) and spinal fusion, as well as for degenerative disc disease of the cervical spine. The decision is based on evidence showing that these conditions are at least as likely as not related to incidents during active duty.
- Remanded (sent back)
The Board remands the claim for a VA examination to address the Veteran's need for regular aid and attendance due to service-connected disabilities.
- Denied
The Board denied increased ratings for the Veteran's cervical and lumbar spine disabilities as well as left and right lower extremity radiculopathy, finding that the evidence did not support a higher rating under applicable criteria.
- Denied
The Veteran's cervical spine disability, left shoulder strain, and radiculopathy of the upper extremities were all denied ratings in excess of their current assigned ratings.
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