The Veteran's claims for higher initial ratings for various cervical, shoulder, and lumbar spine disabilities are being remanded due to incomplete service treatment records.
The deciding factor: Incomplete service treatment records have been identified, which may affect the determination of service connection or disability rating.
- Claimed conditions
- cervical strain with intervertebral disc syndrome and spondylosis C4-05 and C5-C6 (cervical spine disability), raticulopathy of the right upper extremity, raticulopathy of the left upper extremity, right shoulder strain (right shoulder disability), left shoulder strain with degenerative joint disease acromioclavicular joint (left shoulder disability), lumbosacral strain with intervertebral disc syndrome (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2024
- Citation
- A24079349
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 A24079349.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for new VA examinations to determine the current severity of his service-connected cervical spine, lumbar spine, left shoulder, and bilateral upper extremity radiculopathy disabilities. The examination results will be used to determine if increased ratings are warranted.
- Denied
The Veteran's service-connected disabilities do not render him so helpless as to be in need of regular aid and attendance of another person, nor does he have a single service-connected disability rated at 100 percent with additional service-connected disability or disabilities independently ratable at 60 percent. The Board finds that the Veteran is able to perform most of his activities of daily living independently.
- Partly granted
The Board granted service connection for lumbar spine disability and denied higher initial ratings for shoulder, TBI, and cervical spine disabilities. Other claims were remanded.
- Partly granted
The Veteran's lumbar spine disability was granted a 40 percent rating, but no higher. The claims for increased ratings for left lower extremity radiculopathy and right great toe scar were denied.
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