The Board remands the claim for service connection for cervical spine degenerative arthritis due to an inadequate VA examination and a pre-decisional duty to assist error.
The deciding factor: The VA examiner's opinion was found inadequate as it did not address the Veteran's lay statements, relevant prior medical history, or additional Service Treatment Records (STRs) that revealed treatment for neck issues during active duty.
- Claimed conditions
- cervical spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25038965
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 to readjudicate the claim of service connection for cervical spine degenerative arthritis was denied due to a lack of new and relevant evidence.
- Granted
The Board granted ratings of 30 percent or higher for the Veteran's cervical spine degenerative arthritis, lumbar spine osteoarthritis with intervertebral disc syndrome, right shoulder strain, left elbow olecranon bursitis, right elbow olecranon bursitis, and headaches. Service connection was also granted for irritable bowel syndrome (IBS) under the PACT Act.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for cervical spine degenerative arthritis.
- Denied
The Board denied the Veteran's claim for service connection for cervical spine degenerative arthritis, finding that there was no evidence of a current disability in service or within one year of separation from service.
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