The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence indicating that VA examinations are required in accordance with Correia v. McDonald, 28 Vet. App. 158 (2016).
The deciding factor: The decision requires additional medical examination as per a recent court ruling.
- Claimed conditions
- herniated nucleus pulposus, postoperative L4-5 hemilaminectomy and discectomy, postoperative fusion of L4-S1, patellofemoral syndrome of the left knee, patellofemoral syndrome of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149183
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 Board denied increased ratings for the Veteran's knee conditions, except for a 10% rating for left and right knee instability effective from October 1, 2008.
- Partly granted
The Board granted a separate disability rating of 20 percent for the Veteran's service-connected patellofemoral syndrome of the left knee with limitation of extension from October 1, 2008 to August 11, 2017, but denied an initial rating in excess of 10 percent during that same period.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected right knee disability, finding that the evidence did not support a higher rating under any applicable diagnostic codes.
- Remanded (sent back)
The Board remands the claim for an addendum medical opinion addressing the ameliorative effects of medication on the Veteran's range of motion during a specific period.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.