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
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 granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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