The Board has decided to remand the case due to a failure to obtain an addendum opinion addressing the differences between the previous VA examinations and the private DBQ submitted by the Veteran. The Veteran should be scheduled for an examination to determine the severity of his service-connected cervical spine fusion disability since January 28, 2022.
The deciding factor: The Board found that there was a failure to obtain an addendum opinion addressing the differences between the previous VA examinations and the private DBQ submitted by the Veteran, which could impact the determination of the severity of his service-connected cervical spine fusion disability.
- Claimed conditions
- Cervical Spine Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074488
Veterans Law Judge
Decisions by this judge: 766 · Granted: 40% (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 A24074488.
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 cervical spine fusion is granted with a 30 percent evaluation prior to June 3, 2022. The increased evaluations for the right upper extremity radiculopathy and SMC based on aid and attendance or housebound status are denied.
- Denied
The Board denied service connection for various shoulder and foot conditions, as well as cervical spine fusion. The Veteran's right and left shoulder arthritis disabilities were not shown to meet the criteria for higher ratings.
- Denied
The Board finds that the Veteran's cervical spine fusion is a congenital defect and service connection for such condition is not warranted.
- Denied
The Veteran does not have a qualifying additional disability (characterized as radicular symptoms in his arms) resulting from the March 1995 VA cervical fusion procedure at C4 to C7. The Board finds that the Veteran's condition was not caused by or aggravated by the VA treatment.
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