The Board remands the claims for an increased, initial disability rating for service-connected cervical strain with ACDF C6-7 and radiculopathy of the left upper extremity to correct a duty to assist error.
The deciding factor: The November 2023 VA examination was found inadequate as it did not address whether the Veteran's symptoms would be more severe if he were not taking medication, which is required under Jones v. Shinseki, 26 Vet. App. 56 (2012).
- Claimed conditions
- cervical strain with ACDF C6-7, radiculopathy, left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2025
- Citation
- A25108229
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation A25108229.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for radiculopathy of the left and right upper extremities due to a duty to assist error. Additional development is required, including PACT Act consideration and VA examinations.
- Remanded (sent back)
The Board has dismissed the claims for left wrist disability, TBI, and lower back condition due to withdrawal by the Veteran's representative. The cervical injury, bilateral upper extremity radiculopathy service connection claims are remanded as new evidence supports reopening these claims.
- Dismissed
The Veteran withdrew her appeal for service connection for bilateral upper and lower extremity radiculopathies, and the Board has dismissed the case.
- Partly granted
The Board granted an effective date of February 5, 2023, for the award of a 20 percent rating for thoracolumbar strain, intervertebral disc syndrome, but denied earlier effective dates for other claims.
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