The Veteran's appeal is remanded due to the need for a new VA examination and the need to obtain outstanding treatment records.
The deciding factor: The current VA examination report does not comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), which mandates range of motion testing on active and passive motion and in weight-bearing and nonweight-bearing conditions.
- Claimed conditions
- bilateral hip degenerative joint disease, left femur stress fracture, right hip degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2019
- Citation
- 19149985
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 veteran's claims for an increased rating and service connection due to the need for additional evidence and examinations.
- Dismissed
The appeal for service connection for various conditions was dismissed as there was no decision in the Appeals Modernization Act (AMA) system to appeal at the time of the request.
- Remanded (sent back)
The Board remands the claims for higher ratings for left hip degenerative joint disease, right hip degenerative joint disease, left lower extremity peripheral neuropathy sciatica, right lower extremity peripheral neuropathy sciatica, and chronic lumbosacral spine degenerative disc disease to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the service connection claims for various conditions due to outstanding VA and SSA records and a pre-decisional duty-to-assist error.
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