The Board remands the claim for a cervical spine strain disability rating in excess of 20 percent to correct a pre-decisional duty to assist error.
The deciding factor: A remand is necessary due to an inadequate medical opinion regarding the severity of the Veteran's cervical spine strain, specifically concerning the ameliorative effects of medication during flare-ups or with repeated use over time.
- Claimed conditions
- cervical spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2025
- Citation
- A25030591
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 the veteran's claims for increased ratings for cervical spine strain, left upper extremity peripheral nerve condition, and right upper extremity peripheral nerve condition.
- Granted
The Board granted service connection for cervical spine strain, left and right upper extremity radiculopathy, migraine headaches, and depressive disorder, finding that these conditions are secondary to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board remands the claims for further development and to ensure proper due process, including adequate requests for service and medical records, and adequate medical examinations based upon an accurate record.
- Denied
The Board denied restoration of the 20 percent ratings for cervical spine strain, thoracolumbar strain, and right lower extremity radiculopathy due to improvement in the disabilities under ordinary conditions of life and work.
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