The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with lumbar degenerative spine disease, status post-surgical repair of right shoulder, chondromalacia of right knee, and chondromalacia of left knee (status post meniscus tear). The remand is due to the Board's reliance on May 2018 VA examinations that did not comply with Correia v. McDonald and Sharp v. Shulkin.
The deciding factor: The Board found that the May 2018 VA examinations were inadequate as they did not fully comply with Correia and Sharp, which are requirements for assessing the severity of service-connected disabilities.
- Claimed conditions
- lumbosacral strain, lumbar degenerative spine disease, status post-surgical repair of right shoulder, chondromalacia of right knee, chondromalacia of left knee, status post meniscus tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2021
- Citation
- 21063627
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 21063627.
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 service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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