The Board has remanded the Veteran's claims for increased ratings for his service-connected multiple lower back strains with facet arthrosis, lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, carpal tunnel syndrome of the right hand, and carpal tunnel syndrome of the left hand due to inadequate examination reports. The remand requires additional examinations to address functional loss during flare-ups and to determine if the Veteran's service-connected bilateral carpal tunnel syndrome is related to his service-connected lumbosacral strain with degenerative arthritis and intervertebral disc syndrome.
The deciding factor: The Board found that the previous examination reports were inadequate due to failure to test for pain on non-weight-bearing, passive, and active motion as required by Correia. Additionally, the examiner did not obtain all relevant information about the severity, frequency, duration, precipitating and alleviating factors, and extent of functional impairment of flares from the Veteran before estimating functional loss due to flare-ups or explaining why she could not do so.
- Claimed conditions
- Multiple lower back strains with facet arthrosis, Lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, Carpal tunnel syndrome, right hand, Carpal tunnel syndrome, left hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130628
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.
- Denied
The Board denied the Veteran's claim for service connection for bilateral upper and lower peripheral neuropathy, to include CIDP and carpal tunnel syndrome, as there was no probative evidence linking these conditions to his military service.
- Dismissed
The appeal for service connection for hearing loss, abdominal pain, and a left eye disorder was dismissed due to untimely filing of the Notice of Disagreement. The appeals for other conditions were denied based on lack of evidence linking them to service.
- Dismissed
The Board dismissed the appeals for service connection for bilateral hearing loss, migraine headaches, erectile dysfunction, a left shoulder condition, and a neck condition, as well as an earlier effective date claim regarding PTSD. The claims for carpal tunnel syndrome and shin splints were denied, while other claims were remanded.
- Denied
The Board denied service connection for degenerative disc disease, carpal tunnel syndrome, diabetes mellitus, peripheral neuropathy, osteoarthritis, and fibromyalgia as the evidence did not support a finding that these conditions were related to any period of active service or an injury incurred during ACDUTRA or INACDUTRA.
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