The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his right shoulder disability, low back disability, and right lower extremity radiculopathy.
The deciding factor: The VA examination reports did not meet the requirements of Correia v. McDonald (2016) and El-Amin v. Shinseki (2013), as they failed to address pain on both active and passive motion, in weight-bearing and nonweight-bearing, and whether such testing was conducted.
- Claimed conditions
- Right Shoulder Dislocation with Acromioclavicular Joint Separation, Fractured Distal Right Clavicle, Osteoarthritis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2018
- Citation
- 1809599
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 1809599.
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.
- Denied
The Veteran's right knee strain with osteoarthritis is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on current evidence.
- Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, which was granted for special monthly compensation based on aid and attendance.
- Granted
The Veteran's right knee disability, including post-total knee arthroplasty, is rated at 30% effective December 1, 2018. The TDIU claim was granted from January 1, 2018.
- Granted
The Board has granted the Veteran's claim for service connection for a right knee disability as secondary to his service-connected lumbar strain and right lower extremity radiculopathy.
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