The Board has determined that additional remands are necessary for the Veteran's lumbar strain, left hip injury, and right shoulder dislocation claims due to inadequate range of motion testing in prior VA examinations.
The deciding factor: The previous VA examinations did not include all required range of motion tests as per 38 C.F.R. § 4.59, which could affect the accuracy of the disability ratings assigned.
- Claimed conditions
- lumbar strain, left hip injury, right shoulder dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065187
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.
- Remanded (sent back)
The Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Partly granted
The Board granted service connection for bilateral pes planus, lumbar strain, and left knee strain. The initial rating period from March 5, 2024, was denied for allergic rhinitis.
- Granted
The Board granted service connection for lumbar strain, finding that the Veteran's current condition had its onset during active service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.