The Board remands the Veteran's claims for a disability rating in excess of 10 percent and in excess of 20 percent for cervical strain, right upper extremity radiculopathy, and left upper extremity radiculopathy due to insufficient evidence regarding the effects of medication on the severity of these disabilities during flare-ups.
The deciding factor: The September 2024 VA examination did not adequately address whether the Veteran's report of flare ups was in reference to his cervical spine strain only, or his bilateral upper extremity radiculopathy as well, and the examiner could not determine the effects of medication without speculation.
- Claimed conditions
- cervical strain, right upper extremity radiculopathy, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2025
- Citation
- 25003027
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 25003027.
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 Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
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