The Veteran's claims for increased ratings for left hip bursitis, right hip bursitis, and low back disability are remanded due to inadequate examination reports. Additional functional loss during flare-ups and range of motion measurements prior to April 19, 2017 need to be assessed.
The deciding factor: The VA examinations did not adequately address the Veteran's functional loss during flare-ups and did not include range of motion testing as required by Correia v. McDonald (28 Vet. App. 158, 168-70 (2016)).
- Claimed conditions
- left hip bursitis, right hip bursitis, low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125428
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 remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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