The claim for an increased rating for the service-connected cervical spine disability is remanded to correct a duty to assist error that occurred prior to the May 2022 rating decision on appeal.
The deciding factor: The Board concluded that it was not shown that the Veteran failed to report for an examination scheduled in connection with his claim, and therefore, the issue is remanded for a VA examination to determine the current severity of the cervical spine disability.
- Claimed conditions
- Degenerative changes of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2025
- Citation
- A25046697
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 service connection for a cervical spine disability as there was no evidence of an in-service injury or disease related to active duty, ADT, or IDT.
- Denied
The Board denied the veteran's claims for service connection for degenerative changes of the cervical spine and migraines (claimed as headaches) as secondary to a degenerative change in the cervical spine.
- Denied
The Board denied service connection for PTSD, right shoulder disability, right knee disability, degenerative changes of the thoracolumbar spine, degenerative changes of the cervical spine, right upper extremity radiculopathy, bilateral hearing loss, and tinnitus as there was no evidence to support a current diagnosis or a link to active service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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