The Veteran's claim for increased ratings for her service-connected degenerative joint disease of the lumbar spine is being remanded due to a lack of compliance with VA examination requirements and the need for additional development, including obtaining outstanding private treatment records.
The deciding factor: The Board found that the most recent VA examination did not comply with all the Correia requirements and thus requires a new examination to ensure proper evaluation of the Veteran's disability.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006951
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 denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
- Denied
The Veteran's claim for an increased rating for her lumbar spine disability is denied. Her current 40% evaluation remains in effect, effective October 21, 2019.
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