The Veteran's appeal is being remanded to the RO for further examination and development due to an inadequate VA examination, as well as potential entitlement to a higher rating on an extra-schedular basis.
The deciding factor: The VA examination provided by the Veteran was found to be inadequate for rating purposes due to incorrect range of motion findings. The Veteran also raised concerns about his left ankle disability potentially warranting an extra-schedular rating.
- Claimed conditions
- Degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2013
- Citation
- 1325826
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1325826.
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 Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Granted
The Board has granted a 40 percent rating for the Veteran's low back disability, effective from the date of the August 2013 VA examination. The decision also notes that all reasonable doubt is resolved in favor of the Veteran.
- Denied
The Veteran's service-connected low back disability and bilateral lower extremity sciatic nerve radiculopathy are currently rated at 10 percent prior to March 5, 2021, and 20 percent thereafter. The appeal is denied as the criteria for higher ratings have not been met.
- Denied
The appeal for a rating in excess of 10 percent for degenerative disc disease and degenerative joint disease, and spinal fusion of the lumbar spine was denied as the Veteran failed to attend a necessary VA examination without good cause shown.
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