The claims for an evaluation in excess of 10 percent prior to December 23, 2019, and an evaluation in excess of 30 percent from December 23, 2019, for intervertebral disc syndrome with spondylotic myelopathy, cervical spine are remanded due to pre-decisional errors in the duty to assist.
The deciding factor: Remand is necessary to obtain an addendum medical opinion regarding the severity of the Veteran's condition and whether any medications used by the Veteran between May 1, 2008, and the present are or were productive of ameliorative effects on the service-connected intervertebral disc syndrome with spondylotic myelopathy, cervical spine.
- Claimed conditions
- Intervertebral disc syndrome with spondylotic myelopathy, cervical spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25029993
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.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Granted
The Board granted a 10 percent disability rating for the Veteran's service-connected cervical spine, finding that there was functional loss due to pain causing additional disability beyond that reflected on range of motion measurements.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spine, left elbow, and left foot to correct a duty to assist error that occurred prior to the March 2024 decision on appeal.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine to correct a duty to assist error that occurred prior to the July 2021 rating decision.
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