The Board has remanded the claims for increased ratings for back and neck disabilities, as well as for peripheral neuropathy of the left upper extremity and left lower extremity. The Veteran is also being asked to provide any additional pertinent evidence.
The deciding factor: The VA examinations provided in connection with these claims did not include range of motion studies, which are required by Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
- Claimed conditions
- Degenerative disc disease of the lumbar spine (back disability), Degenerative disc disease and arthritis of the cervical spine (neck disability), Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2020
- Citation
- 20059042
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 20059042.
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.
- Granted
The Board has granted service connection for peripheral neuropathy of the upper extremities and remanded the issue of esophageal cancer.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring clarification on whether the Veteran's left lower extremity peripheral neuropathy is early-onset and if it is related to Agent Orange exposure during service.
- Granted
The Board has granted service connection for peripheral neuropathy of both the right and left lower extremities, finding that it is at least as likely as not caused by or aggravated by the Veteran's service-connected hypertension.
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