The Veteran's claims for increased ratings for his bilateral shin disabilities from April 10, 2007 to January 6, 2017 are being remanded due to the need for further development and examination.
The deciding factor: The VA examinations did not comply with the requirements set forth in Correia v. McDonald, Sharp v. Shulkin, and Mitchell v. Shinseki, which required consideration of flare-ups and their effects on range of motion.
- Claimed conditions
- Right Shin Disability, Left Shin Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2019
- Citation
- 19173973
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 19173973.
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 has decided to remand the Veteran's claims for service connection and rating of his right knee, right shin, and right shoulder disabilities due to incomplete development and insufficient examination reports.
- Granted
The Veteran's OSA was granted service connection. The right and left knee disabilities, as well as the right and left shin disabilities, were remanded for further development.
- Granted
The Board granted an initial disability rating of 60 percent for the service-connected GERD from May 29, 2008. The Veteran also received increased ratings to 20 percent each for the service-connected bilateral shin splints effective from December 14, 2009.
- Granted
The Veteran's claims for service connection have been reopened and are now pending. The Board has found new and material evidence to support the reopening of his claims.
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