Remanded (sent back)
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
Want to see how appeals like this one tend to go? Appeals like mine
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