The Veteran's claim for a higher rating for his degenerative arthritis of the spine is remanded due to inadequate examination findings and need for further testing.
The deciding factor: The VA examination did not comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), which mandates joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing.
- Claimed conditions
- Degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 2, 2019
- Citation
- 19123784
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 degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
- Dismissed
The veteran withdrew his appeals for service connection for degenerative arthritis of the spine, bilateral neuropathy below the hips, and a skin disability.
- Remanded (sent back)
The Board remands the matter for further development and readjudication due to an incomplete medical nexus opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.