The Board has determined that additional medical examinations are needed to determine the current severity of the Veteran's service-connected conditions and to address his reports of flare-ups. The claims are being remanded for these purposes.
The deciding factor: The VA examinations of record do not adequately address the Veteran’s reports of flare-ups as required under Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- colon diverticulitis, left shoulder acromioclavicular joint degenerative joint disease, right shoulder acromioclavicular joint degenerative joint disease, left wrist tendonitis, right wrist tendonitis, left knee degenerative joint disease, right knee degenerative joint disease, left hip capsulitis, right hip capsulitis, cervical spine strain, lumbar spine strain with multilevel spondyloarthropathy, left great toe hallux abductovalgus deformity with degenerative joint disease, right great toe hallux abductovalgus deformity with degenerative joint disease, sinusitis, upper respiratory infection/bronchitis, right renal cyst
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124274
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19124274.
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 Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
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The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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The Veteran's appeal is remanded due to the need for a VA examination to assess the severity of his left knee disability, including without considering the ameliorative effects of medication.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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