The Board remands the issue of entitlement to an initial rating in excess of 20 percent for cervical strain due to an inadequate VA examination.
The deciding factor: The October 2023 VA examination is found to be inadequate for rating purposes as it reported forward flexion to 140 degrees, which appears to be improbably greater than normal. A remand is necessary to secure an adequate medical examination prior to adjudicating the Veteran's claim.
- Claimed conditions
- cervical strain (claimed as neck condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2025
- Citation
- A25035842
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 higher initial ratings and a compensable rating for various service-connected conditions, as well as remanded the claim for TDIU.
- Partly granted
The Board granted service connection for chest scars and headaches, but denied service connection for tinnitus, PTSD to include depression and anxiety condition, left shin splints, right shin splints, left shoulder strain, right shoulder disability, bilateral foot condition, right knee strain, left knee strain, lumbar strain, and cervical strain.
- Granted
The Board granted an effective date of August 31, 2022, for the award of service connection for multiple conditions including adjustment disorder with anxiety and depressed mood, chronic (claimed as depression), deviated septum with rhinitis, vertigo, sleep apnea, cervical strain (claimed as neck condition), left and right upper extremity radiculopathy, and gastroesophageal reflux disease (GERD).
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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