The Board has remanded several issues related to the Veteran's service-connected conditions, including increased ratings for cervical strain and valvular heart disease, as well as claims of service connection for radiculopathy in both upper and lower extremities. The issues are being remanded due to inadequate or incomplete examinations.
The deciding factor: The VA examinations did not fully comply with the requirements set forth by Correia v. McDonald (2016) and Sharp v. Shulkin (2017), which require joint testing for active and passive motion in both weight-bearing and non-weight-bearing circumstances, including flare-ups.
- Claimed conditions
- cervical strain, cervical spondylosis, valvular heart disease, radiculopathy, left upper extremity, raticulopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2024
- Citation
- 24008565
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 24008565.
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 Veteran's claims for increased ratings for valvular heart disease, peripheral vascular disease of the right and left legs, and hypertension were denied. The Board found that the evidence did not support higher ratings under the applicable rating criteria.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.