The Veteran's appeal for an increased evaluation for her spondylolysis and traumatic arthritis of the lumbosacral spine is being remanded due to incomplete examination results. The AOJ will contact the May 2019 VA examiner to clarify non-weight bearing range of motion testing.
The deciding factor: The examination report did not comply with the factors outlined in Correia v. McDonald, 28 Vet. App. 158 (2016), and further development is needed to address this issue.
- Claimed conditions
- spondylolysis, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184145
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 claim for a VA examination and additional evidence development to determine if there is a nexus between any lower back disability and the Veteran's active service.
- Partly granted
The veteran's claim for a higher rating for back disability was denied. Other issues related to service connection and total disability were remanded for further review.
- Denied
The Board denied the veteran's claim for a rating higher than 20% for his left shoulder disability, stating that the evidence did not support a higher rating.
- Denied
Service connection for sleep apnea was denied because the evidence did not show a relationship to service. An initial rating in excess of 10 percent for spondylolysis was also denied.
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