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
Veterans Law Judge
Decisions by this judge: 1,081 · Granted: 38% (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 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
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- Denied
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