The claims for service connection for degenerative disc disease and a neck condition are being remanded to correct a duty to assist error.
The deciding factor: VA's failure to afford the Veteran a VA examination in support of his claims violates its duty to assist, as there is no evidence explaining whether the currently diagnosed disabilities are related to active service.
- Claimed conditions
- Degenerative disc disease, to include spinal stenosis of the lumbar region, Neck condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25038866
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 appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted service connection for an acquired psychiatric condition and a TBI, but denied the claim for PTSD as moot. The claims for service connection for a neck condition and back condition were remanded.
- Partly granted
The Board granted an increased rating of 40 percent for the degenerative arthritis DDD other than IVDS with chronic lumbar syndrome since May 1, 2023, and remanded claims for service connection for a gastrointestinal condition, skin condition, and neck condition.
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.