The Board has remanded the cases for further development and examination, including obtaining a new VA examination to assess the current severity of the Veteran's service-connected right and left knee disabilities and to provide an addendum opinion regarding the etiology of her right and left hip disabilities.
The deciding factor: The most recent VA examination in September 2017 was deficient because it did not conduct range-of-motion testing under weight-bearing and non-weight-bearing conditions, as required by Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- Right Hip Disability, Left Hip Disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147504
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 service connection for an acquired psychiatric disorder, right hip disability, left hip disability, lumbar strain and sacroiliac joint pain with left lower extremity radiation, and right great toe ingrown toenail and onychomycosis as the evidence did not show a causal relationship between these conditions and the Veteran's military service.
- Granted
The Board granted a 10 percent rating for left hip disability based on limitation of flexion and the maximum schedular 10 percent rating for left hip disability based on limitation of extension, subject to the laws and regulations governing the award of monetary benefits.
- Partly granted
The Board granted service connection for several disabilities, including left thumb, left wrist, right hip, back, and sciatic nerve conditions, but denied service connection for diabetes mellitus.
- Partly granted
The Board denied an initial increased disability rating in excess of 30 percent for major depressive disorder and remanded claims for service connection for right ankle, hip, and knee disabilities as well as a higher initial disability rating for migraines.
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