The Board has remanded the Veteran's claims for increased ratings for his service-connected back disability, right and left lower extremity peripheral neuropathy, and femoral radiculopathy due to incomplete or non-compliance with VA examination requirements.
The deciding factor: The examinations did not fully comply with the requirements of Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
- Claimed conditions
- post-operative, lumbar spine microdiscectomy residuals (times 2), history of chronic muscular strain, herniate nucleus pulposus (HPN), degenerative instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2021
- Citation
- 21024372
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 21024372.
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.
- Denied
The Veteran's claim for an increased evaluation of his service-connected post back surgery syndrome was denied as the VA examination reports were inadequate to evaluate the disability on appeal. The Veteran cancelled a scheduled VA examination and did not provide good cause.
- Remanded (sent back)
The Board has found that the VA examinations do not fully comply with the requirements for assessing range of motion and pain, and therefore remands the case to obtain additional information.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional examinations and assessments.
- Remanded (sent back)
The Veteran's claims for increased rating and service connection are remanded due to the need for additional development, including obtaining treatment records and conducting examinations. The TDIU claim is also remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.