The Board has remanded three claims related to traumatic arthritis of the right hip, left shoulder, and lumbar spine due to inadequate examinations in the prior decision. The Veteran is required to provide updated treatment records and undergo new VA examinations to assess the current severity of his disabilities.
The deciding factor: The previous evaluations were based on outdated or insufficient evidence, as per DeLuca v. Brown and Mitchell v. Shinseki.
- Claimed conditions
- Traumatic arthritis of the right hip, Traumatic arthritis of the left shoulder, Traumatic arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19144139
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 Veteran's claim for increased ratings for his service-connected traumatic arthritis of the lumbar spine and radiculopathy of the left lower extremity was denied. However, a separate rating of 20 percent for radiculopathy of the left lower extremity from June 29, 2017, was granted.
- Granted
The Veteran's claim for an increased rating for traumatic arthritis of the lumbar spine, right and left lower extremity radiculopathy affecting the sciatic nerve, was granted with a 40 percent disability rating effective February 1, 2007. The appeal for earlier effective dates is denied.
- Denied
The Veteran's claims for increased ratings for traumatic arthritis of the lumbar spine and dorsal spine were denied. The combined rating remains at 50 percent.
- Denied
The Board denied service connection for traumatic arthritis of the right hip, left knee, and coronary artery disease as there was no evidence linking these conditions to the veteran's period of active military service.
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