The Board remanded the Veteran's claim for entitlement to TDIU because the AOJ failed to consider whether the Veteran's cervical spine spondylosis and bilateral upper extremity radiculopathy constitute one disability under 38 C.F.R. § 4.16(a), which could meet the schedular threshold for TDIU eligibility. The Board found good cause for the Veteran's failure to appear for a VA examination based on his credible account of being told by a VA representative that the examination was unnecessary.
The deciding factor: The Board determined that remand was warranted to correct an AOJ error in failing to evaluate whether the three cervical spine and radiculopathy-related disabilities qualify as one disability under common etiology, which would result in a combined rating meeting the 60 percent threshold for schedular TDIU consideration.
- Claimed conditions
- cervical spine spondylosis, radiculopathy of the left upper extremity associated with cervical spine spondylosis, radiculopathy of the right upper extremity associated with cervical spine spondylosis, pes planus of the left foot, hypertension, patellofemoral pain syndrome associated with pes planus of the left foot
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2025
- Citation
- A25016155
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 granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.