The Board remands the claims for service connection for a cervical disability and cervical scar due to a pre-decisional duty to assist error, requiring an adequate VA examination.
The deciding factor: A pre-decisional duty to assist error has been committed as no VA examination was provided in this appeal, necessitating an adequate VA examination regarding the nature and etiology of the claimed disabilities.
- Claimed conditions
- cervical disability, cervical scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2025
- Citation
- A25041991
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.
- Dismissed
The Board dismissed all claims for service connection and increased ratings due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board found new and relevant evidence was received to warrant readjudication of the appeals for service connection, but ultimately denied service connection for left 3rd and 4th finger disability, cervical disability, right upper extremity pain and paresthesia, and left upper extremity pain and paresthesia. The claims for sternum disability and bilateral big toe disability were remanded.
- Partly granted
The Board granted an initial evaluation of 40 percent for the lumbar condition and 30 percent for the cervical condition, but remanded other claims including service connection for a left elbow condition and evaluations for various knee and hand conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a cervical disability due to in-service exposure to herbicide agents, as new and relevant evidence has been submitted.
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