The Veteran's claims for higher ratings for his right and left shoulder bursitis, as well as his right and left knee degenerative changes and instability are being remanded due to the need for additional examinations to assess range of motion in both active and passive motions.
The deciding factor: The VA examination reports do not contain testing for range of motion in both active and passive motions, which is required by 38 C.F.R. § 4.59 and Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- Right Shoulder Bursitis, Left Shoulder Bursitis, Right Knee Degenerative Changes, Left Knee Degenerative Changes, Right Knee Instability, Left Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007304
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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- Partly granted
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- Denied
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