The Veteran's appeals for increased ratings for her left and right Achilles tendonitis are being remanded due to the need for a new VA examination.
The deciding factor: The previous VA examinations did not fully satisfy the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), which requires joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing, and with range of motion measurements of the opposite undamaged joint.
- Claimed conditions
- left Achilles tendonitis, right Achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132453
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 an initial increased rating for bilateral foot disabilities, left Achilles tendonitis, and right Achilles tendonitis to obtain additional medical opinions regarding the effects of medications on the severity of these conditions.
- Partly granted
The Veteran's service-connected right and left Achilles tendonitis were granted a rating of 20 percent, but no higher, throughout the appeal period. The claim for special monthly compensation based on the loss of use of both feet was denied.
- Denied
The Board denied service connection for right ear hearing loss, low back pain, right Achilles tendonitis, and left Achilles tendonitis as the evidence did not support a finding that these conditions were related to the Veteran's active duty.
- Partly granted
Service connection for right ear hearing loss, right forearm tendonitis, left forearm tendonitis, and left Achilles tendonitis is granted. A 20 percent evaluation for painful and unstable scars associated with right inguinal hernia is granted, but a compensable evaluation for the hernia itself is denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.