The appeal is remanded for additional development, specifically a new VA examination to assess the severity of the Veteran's stooped posture.
The deciding factor: The May 2022 VA examination report and November 2022 addendum opinion did not comply with the requirements set by Correia and Mitchell, necessitating a remand for a new examination.
- Claimed conditions
- stooped posture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2023
- Citation
- 23000680
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.
- Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
- Partly granted
The Board granted an initial 10 percent rating for stooped posture, a 70 percent rating for depressive disorder with mixed anxiety and sleep disturbances, and denied a compensable rating for Parkinson's disease which is separate from the essential tremor with bradykinesia rigidity, right upper extremity.
- Partly granted
The Board granted effective dates of June 17, 2016, for service connection of tremors, difficulty swallowing, stooped posture, TD, and a mental disorder.
- Partly granted
The Board denied earlier effective dates for Parkinson's disease and related conditions, as well as higher ratings for various symptoms due to the lack of evidence supporting earlier entitlement or more severe manifestations.
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