The Board has remanded the Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and radiculopathy of the right lower extremity due to inadequate VA examinations in July 2010 and April 2016. The new examination must take into account the Veteran's statements, the evidence of record, and accepted medical principles.
The deciding factor: The Board found that the previous VA examinations were inadequate under Correia v. McDonald (28 Vet. App. 158) and Sharp v. Shulkin (29 Vet. App. 26).
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101999
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Denied
The Board denied the veteran's claims for increased ratings for degenerative disc disease with spinal stenosis, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.
- Partly granted
The Board denied increased ratings for the Veteran's back disability, radiculopathy of both lower extremities, limitation of pronation and flexion of the right elbow, and scarring, but granted a 40 percent rating from March 26, 2024 to September 17, 2024.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection.
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