The Board has remanded the Veteran's claims for increased ratings for his low back strain, cervical spine disability, and left clavicle fracture due to inadequate VA examinations. The Veteran is also being asked to provide information about his employment history and tax returns.
The deciding factor: The VA examinations did not comply with the requirements set forth in Correia v. McDonald (2016) for musculoskeletal disabilities, including the need to test range of motion under active and passive motion, weightbearing, and non-weightbearing conditions.
- Claimed conditions
- Low back strain, Degenerative disc disease of the cervical spine with intervertebral disc syndrome, Left clavicle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081843
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20081843.
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 Veteran's left clavicle fracture resulted in painful motion of the AC joint, which is rated at a minimum of 20 percent under VA regulations. The appeal for higher ratings was denied.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Granted
The Board has granted service connection for low back strain, left shoulder, and supraventricular tachycardia (SVT) based on evidence showing a causal relationship to in-service events or injuries.
- Dismissed
The appeal is dismissed because the March 2020 rating decision, which granted service connection for a low back strain, was never issued and therefore not an appealable decision.
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