The Board has remanded two issues: one regarding the Veteran's lumbar spine disability and another for her chronic constipation. The remand is due to concerns about the adequacy of previous examinations, particularly in relation to Correia v. McDonald (2016).
The deciding factor: The VA examinations did not fully comply with the requirements set forth in Correia v. McDonald (2016), which mandates joint testing for active and passive motion in both weight-bearing and non-weight-bearing circumstances, including during flare-ups.
- Claimed conditions
- Thoracolumbar strain with mild levoscoliosis, Chronic constipation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2020
- Citation
- 20054106
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20054106.
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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- Remanded (sent back)
The Board remands the claims for service connection and initial ratings due to a duty to assist error in failing to obtain outstanding VA and private treatment records.
- Granted
The Veteran's Stage IV Hodgkin's lymphoma is permanent and total in nature, and he is entitled to DEA benefits.
- Denied
The Veteran's CVA/stroke with Barrett's esophagus and chronic constipation is rated at 10 percent, which the Veteran contends is not sufficient.,The Veteran's CVA with left upper extremity hemiparesis is rated at 30 percent, which the Veteran contends is not sufficient.,The Veteran's CVA with left lower extremity hemiparesis is rated at 20 percent, which the Veteran contends is not sufficient.
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