The Board remands the case to ensure compliance with previous remand instructions, specifically for a more thorough VA examination of the Veteran's lumbar spine condition.
The deciding factor: The prior VA examinations did not meet sufficiency standards as they failed to provide range of motion assessments in both weight-bearing and non-weight-bearing conditions, as required by Correia v. McDonald.
- Claimed conditions
- low back pain and bulging disc, with foraminal stenosis, lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062727
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 was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
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