The Veteran's claim for an initial disability rating in excess of 40 percent for a back disability is being remanded due to the need for a VA examination that complies with Correia v. McDonald (28 Vet. App. 158, 2016).
The deciding factor: The November 2020 VA examination did not comply with the requirements of Correia v. McDonald.
- Claimed conditions
- Degenerative disc disease lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2024
- Citation
- A24021911
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 A24021911.
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.
- Remanded (sent back)
The Veteran's lumbar spine condition is rated at 10 percent prior to August 20, 2019 and denied for a higher rating. Since August 20, 2019, the Veteran's condition is rated at 40 percent and also denied for a higher rating. The Board has remanded issues regarding service connection for shoulder conditions and cervical spine.
- Granted
The Veteran's service-connected disabilities, including right hip arthritis with hip joint replacement and left hip trochanteric, bursitis, degenerative arthritis, and prosthetic left hip joint, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on his combined disability rating of 100 percent.
- Granted
The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not caused by his service-connected right knee condition, and thus grants service connection for this disability.
- Denied
The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity prior to June 4, 2018, is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity from June 4, 2018, is rated at 20 percent, which meets the criteria for a higher rating.,The Veteran is not found to be unemployable due to his service-connected disabilities.
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