The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional medical examinations.
The deciding factor: The VA examinations conducted thus far do not meet the requirements set forth in Correia v. McDonald, specifically regarding joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing.
- Claimed conditions
- dysthymic disorder, degenerative disc disease with tendonitis of the thoracolumbar spine, radiculopathy of the left lower extremity, residual scar, status post bunionectomy, great toe and status post resection arthroplasty of the second, third, and fifth toe of the right foot, residual scar associated with sinusitis, status post removal of osteoma, residual scar, status post bunionectomy, great toe and status post resection arthroplasty of the second, third, and fifth toe of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003516
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.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings for his thoracolumbar spine and radiculopathy conditions, as well as a separate rating for femoral nerve radiculopathy, to obtain additional medical evidence.
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