The Board remands the claims for service connection for degenerative disc disease of the cervical spine and lumbar spine due to a pre-decisional duty to assist error in the December 2021 opinions.
The deciding factor: The December 2021 VA examiner's opinion is inadequate as it improperly focused on the lack of contemporaneous medical evidence and ignored the Veteran's reports of experiencing pain since service.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spine and spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2025
- Citation
- A25050987
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.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine and cervical spine, finding that these conditions are related to the Veteran's combat service in the Persian Gulf.
- Remanded (sent back)
The Board remands the claim for service connection for a neck condition, to include degenerative disc disease of the cervical spine, cervical lordosis, and bone atrophy, as secondary to degenerative disc disease of the thoracolumbar spine, due to duty to assist errors.
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