The Board has remanded the claims for increased ratings for degenerative disc disease of the lumbar spine, left leg radiculopathy, and left shoulder impingement syndrome with rotator cuff tendonitis and degenerative joint disease due to inadequate examinations in determining their severity.
The deciding factor: The examinations did not comply with the requirements laid out in Correia v. McDonald (2016) and were therefore insufficient for rating purposes.
- Claimed conditions
- degenerative disc disease of the lumbar spine, left leg radiculopathy, left shoulder impingement syndrome with rotator cuff tendonitis and degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2020
- Citation
- 20000387
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.
- Partly granted
The Board granted service connection for left and right hip strain, left and right ankle pain, and bilateral plantar fasciitis as secondary to the Veteran's service-connected bilateral knee disability. The claims for allergic rhinitis, chronic sinusitis, chronic headaches, irritable bowel syndrome (IBS), and post traumatic residual pain and cramping of the left lower leg were remanded.
- Remanded (sent back)
The Board is remanding the claims for a neurological examination to address concerns raised by the Court regarding the October 2020 VA examination report.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Partly granted
The Board granted an evaluation of 20 percent for bulging disc, lumbosacral strain, effective from May 16, 2023, to June 28, 2024, and denied earlier effective dates for the awards of service connection for left and right leg radiculopathy, as well as for rhinitis and sinusitis.
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