The Veteran's claims for increased ratings for intervertebral disc syndrome of the lumbosacral spine and radiculopathy of the left lower extremity are being remanded due to the need for additional examinations to assess the current severity of his service-connected conditions.
The deciding factor: The VA examination reports from August 2014 did not comply with the requirements set forth in Correia v. McDonald, which mandates that joint testing include pain on both active and passive motion, in weight-bearing and non-weight-bearing, and measurements of the opposite undamaged joint.
- Claimed conditions
- intervertebral disc syndrome of the lumbosacral spine, rheumatoid arthritis (implied by radiculopathy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2018
- Citation
- 18105344
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 18105344.
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.
- Remanded (sent back)
The Board has determined that the Veteran's claims for earlier effective dates and increased ratings are remanded due to the need for updated VA examinations.
- Remanded (sent back)
The Veteran's thoracolumbar spine strain with degenerative disc disease and joint disease is rated at 40 percent, which does not meet the criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding whether the condition warrants an increased evaluation. For his TDIU claim since May 18, 2011, the Veteran meets the requirements as he is unable to secure or follow substantially gainful employment due to service-connected disabilities.
- Remanded (sent back)
The Board has determined that there are new and material issues related to the Veteran's claims for increased ratings, propriety of a ratings reduction, and TDIU. The VA must obtain any outstanding treatment records and Social Security Administration (SSA) records before these matters can be further adjudicated.
- Remanded (sent back)
The Veteran's back condition and radiculopathy of the lower extremities are not rated higher than their current levels, with some issues remanded for further evaluation.
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