The Board remands the issues of entitlement to increased ratings for cervical spine arthritis, right ankle arthritis, and left ankle arthritis with prosthesis due to inadequate VA examinations.
The deciding factor: Remand is required to ensure that VA has met its duty to assist by scheduling new examinations that comply with Correia v. McDonald requirements.
- Claimed conditions
- cervical spine arthritis, right ankle arthritis, left ankle arthritis with prosthesis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000055
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 Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The appeal for service connection for cervical spine arthritis, lumbar spine arthritis, traumatic brain injury (TBI), seizure disorder, and erectile dysfunction has been dismissed due to the Veteran's death.
- Dismissed
The appeal as to the proposed rating reduction of right ankle arthritis was dismissed, and an initial disability rating higher than 10% for right ankle scar was denied.
- Remanded (sent back)
The Board remands the claims for further development, specifically to obtain relevant Social Security Administration records.
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