The Veteran's appeal is being remanded due to the need for new VA examinations for his right knee and thoracolumbar spine strain, as the previous examinations did not comply with the requirements of 38 C.F.R. � 4.59.
The deciding factor: The previous VA examinations did not meet the requirements set forth in Correia v. McDonald (2016) for musculoskeletal disabilities, specifically regarding range of motion testing and compliance with 38 C.F.R. � 4.59.
- Claimed conditions
- right knee ischial tibial band syndrome, thoracolumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2017
- Citation
- 1711274
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 1711274.
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 has granted the Appellant's request to have his military service characterized as honorable, and has also granted service connection for various conditions including unspecified trauma and stressor related disorder with attention deficit-hyperactivity disorder, right ear hearing loss, tinnitus, scars of the left second finger and thumb, thoracolumbar spine strain, bilateral knee strains, and a right foot disorder.
- Dismissed
The appeal of the deferred claim for entitlement to service connection for sinusitis is dismissed. The claims for right hip greater trochanteric, left shoulder impingement syndrome, and thoracolumbar spine strain are remanded.
- Remanded (sent back)
The Board has remanded the case for further development due to lack of substantial compliance with prior remand directives, including an additional medical opinion regarding the ameliorative effects of the Veteran's medication on his thoracolumbar spine strain.
- Granted
The Veteran's right hip strain with limitation of flexion is granted a 40 percent disability rating effective August 1, 2016. The right hip strain with limitation of movement (abduction, adduction, and internal rotation) is granted a 20 percent disability rating effective August 1, 2016.
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