The Veteran's claims for increased ratings for his service-connected back disability, right leg fasciotomy disabilities, and left leg fasciotomy disabilities are being remanded due to the need for updated VA examinations that comply with Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
The deciding factor: The VA examinations did not comply with the requirements set forth in Correia and Sharp, specifically regarding range of motion testing and consideration of flare-ups.
- Claimed conditions
- Degenerative arthritis of the lumbar spine (back disability), Status-post fasciotomy, anterior and posterior compartment of the right leg, Status-post left fasciotomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2019
- Citation
- 19187489
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 denied the claims for increased ratings and remanded certain issues for further development.
- Remanded (sent back)
The Board remands the claims for further development, including a new VA examination to clarify the nature and severity of the Veteran's service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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.