The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.
The deciding factor: The VA examination reports from the previous examinations do not fully satisfy the requirements set forth in Correia v. McDonald, Sharp v. Shulkin, and 38 C.F.R. §4.59.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Disc Disease (DDD) of the lumbar spine, Radiculopathy of the right lower extremity, Irritable Bowel Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125143
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 PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Granted
The Board granted an earlier effective date of September 29, 2016 for the award of a 30 percent rating for irritable bowel syndrome.
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