The Board has remanded the Veteran's claims for additional development due to inadequate examination reports. The VA examiner was not able to provide specific degrees of motion in each state and did not estimate the additional loss of range of motion upon flare-ups.
The deciding factor: The VA examiner failed to comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2016), which mandates that a VA examination must include results of range of motion testing on active and passive motion and in weight-bearing and nonweight-bearing conditions.
- Claimed conditions
- Thoracolumbar degenerative joint disease, Cervical spine degenerative joint disease, Right knee degenerative joint disease, Left knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2019
- Citation
- 19166491
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19166491.
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 service-connected degenerative arthritis and IVDS of the lumbar spine is granted a 40 percent rating, while other claims for increased ratings are denied or remanded.
- Remanded (sent back)
The Board remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Partly granted
The Board granted increased ratings for intervertebral disc syndrome, left and right ankle disabilities but remanded the claims for other joint conditions due to insufficient evidence.
- Partly granted
The Board granted an effective date of July 21, 2017, for the assignment of a 50 percent disability rating for service-connected PTSD and denied higher ratings for right quadriceps disability and left knee degenerative joint disease.
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.