The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and compliance with VA examination requirements.
The deciding factor: The current evidence is insufficient to determine the severity of the Veteran's service-connected disabilities, as the most recent VA examinations did not comply with the requirements in Sharp v. Shulkin (2017) and Correia v. McDonald (2016).
- Claimed conditions
- left knee chondromalacia with degenerative joint disease, right knee chondromalacia with degenerative joint disease, limitation of extension of the left knee, limitation of extension of the right knee, left lower extremity radiculopathy, right lower extremity radiculopathy, radianlopathy of the left lower extremity involving the femoral nerve, radianlopathy of the right lower extremity involving the femoral nerve, degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2021
- Citation
- 21041122
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 21041122.
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's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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