The Board has determined that the VA examinations for the Veteran's service-connected bilateral shoulder and ankle disabilities are insufficient to adjudicate the claims on appeal. The Veteran should be afforded new VA examinations to determine the current nature and severity of his service-connected bilateral shoulder and ankle disabilities.
The deciding factor: The VA examinations did not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26 (2017), as they did not attempt to elicit relevant information regarding the description of the Veteran’s shoulder or ankle disabilities following repetitive use or during flare-ups.
- Claimed conditions
- left shoulder osteoarthritis, right shoulder osteoarthritis, left tibiotalar joint osteoarthritis, right tibiotalar joint osteoarthritis, right foot fracture of first metatarsal head and osteoarthritis, left foot fracture of first metatarsal head/tibial sesamoid bone with osteoarthritis and left calcaneal spur
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105166
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 granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Dismissed
The appeals for increased ratings and other claims were dismissed as moot or not meeting the criteria.
- Partly granted
The Board granted service connection for left knee degenerative arthritis, right shoulder osteoarthritis, and right ear sensorineural hearing loss. The claims for an initial compensable rating for left ear hearing loss, allergic rhinitis, and increased rating for chronic fatigue syndrome were remanded.
- Granted
The Board granted service connection for multiple osteoarthritis conditions, headaches, an acquired psychiatric disorder, diabetes mellitus, sleep apnea, and gout based on the evidence showing a relationship to the Veteran's active duty service.
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