The Board has remanded the case for a new examination to comply with Correia and Sharp requirements, as the previous examinations did not adequately address functional loss due to pain or flare-ups.
The deciding factor: The VA examinations failed to comply with the Correia and Sharp requirements regarding range of motion testing and addressing functional loss during flare-ups.
- Claimed conditions
- status post left L4-5 microdiscectomy and foraminotomy, lumbar scoliosis with lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186905
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19186905.
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.
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