The Veteran's claim for an increased disability rating for his lumbar spine herniated disc is remanded due to the need for a VA examination that complies with the applicable law, including Correia v. McDonald and Sharp v. Shulkin.
The deciding factor: The March 2014 VA examination did not include testing for pain during both active and passive motion; and weight bearing and non-weight-bearing as required by CAVC's holdings in Sharp and Correia.
- Claimed conditions
- lumbar spine herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19179708
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.
- Granted
The Board granted service connection for right hip osteoarthritis, left hip osteoarthritis, lumbar spine herniated disc, and bilateral flat feet (pes planus) as secondary to the Veteran's already service-connected bilateral knee and ankle disabilities.
- Partly granted
The Board granted a separate 10 percent rating for the painful scar of the posterior trunk and remanded claims for increased ratings for lumbar spine herniated disc and right lower extremity radiculopathy.
- Remanded (sent back)
The appeal is remanded to the Agency of Original Jurisdiction for additional development, specifically to determine whether VA medical care or lack thereof resulted in additional disability concerning the Veteran's lower back.
- Remanded (sent back)
The appeal is remanded for further examination to determine the nature and cause of the veteran's lumbar spine herniated disc and right lower extremity neurological impairment.
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.