The Board has remanded the Veteran's claims for cervical degenerative disk disease, bilateral upper and lower extremity transient limb paralysis due to lack of compliance with Correia v. McDonald requirements and insufficient evidence regarding severity.
The deciding factor: The examination did not comply with the requirements in Correia v. McDonald, which necessitates a new examination to address the claims.
- Claimed conditions
- cervical degenerative disk disease, right upper extremity transient limb paralysis, left upper extremity transient limb paralysis, right lower extremity transient limb paralysis, left lower extremity transient limb paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2018
- Citation
- 18133651
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 18133651.
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 Veteran's claim for service connection for cervical degenerative disk disease is denied as the disability did not manifest during service and is unrelated to service.,Service connection for chronic fatigue syndrome is denied because there is no current diagnosis of CFS at any time during the appeal period.,Service connection for fibromyalgia is remanded due to lack of a current diagnosis. The Veteran's claim for service connection for obstructive sleep apnea is also remanded as it involves complex medical issues and requires further examination and opinion.
- Granted
The Veteran's current cervical spine degenerative disk disease and spondylosis is related to service. The claims for increased ratings for the shoulders are granted.
- Granted
The Veteran's lumbosacral strain, cervical degenerative disk disease, and right knee retropatellar pain syndrome with osteoarthritis were all rated at the lowest possible initial evaluation of 10 percent for each condition. The evaluations have not changed since their initial assignment in October 2005.
- Denied
The Board found that the veteran's cervical degenerative disk disease, cervical spondylosis, lumbar spondylosis, congenital stenosis, right degenerative joint disease, and total knee replacement were not incurred or aggravated during active service from February 6, 1973, to May 5, 1977.
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