The Board has decided to remand the Veteran's claim for a disability rating in excess of 20 percent for degenerative joint disease and degenerative disc disease of the lumbar spine due to insufficient evidence from the previous VA examination.
The deciding factor: The previous VA examination did not fully satisfy the requirements set forth by Correia v. McDonald, necessitating another examination.
- Claimed conditions
- Degenerative Joint Disease, Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105504
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 Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
- Granted
The Board granted a higher level of SMC under 38 U.S.C. § 1114(t) for the Veteran's residuals of traumatic brain injury (TBI), effective March 2, 2022.
- Remanded (sent back)
The Board remands the issue of entitlement to a total disability based upon individual unemployability (TDIU) prior to April 7, 2022, for further development and evidence collection.
- Granted
The Veteran's knee disabilities have been rated based on their effects on his ability to perform activities of daily living, with a 30 percent rating for post-operative residuals and a 40 percent rating for limited extension. A separate 10 percent rating has also been granted for symptomatic removal of semilunar cartilage.
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