The Board has remanded the case for further development due to an inadequate examination report, specifically regarding PROM and ROM testing on weight and non-weight bearing.
The deciding factor: The examination report did not comply with Correia v. McDonald (2016) requirements for passive range of motion (PROM) and ROM testing on weight and non-weight bearing.
- Claimed conditions
- right knee chondromalacia, left knee chondromalacia, thoracolumbar spine disorder (DDD and IVDS), left shoulder calcific tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068894
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.
- Dismissed
The veteran withdrew his appeal for higher ratings of his left and right knee conditions, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied the veteran's claims for a higher initial rating for left knee limitation of extension and an increased rating for left knee chondromalacia.
- Dismissed
The proposed reductions of the veteran's right and left knee chondromalacia ratings were dismissed as there was no final rating action taken, and the disabilities remained rated at 40 percent during the applicable period.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
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