The Board remands the matter for new VA examinations to comply with Correia v. McDonald, as the May 2018 examinations did not include range of motion testing during weight-bearing and non-weight-bearing positions.
The deciding factor: Remand is required due to inadequate VA examination reports that failed to meet the requirements set forth in Correia v. McDonald.
- Claimed conditions
- cervical spine arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067245
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.
- 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.
- Remanded (sent back)
The Board remands the claims for further development, specifically to obtain relevant Social Security Administration records.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Granted
The Board granted service connection for cervical spine arthritis and left upper extremity carpal tunnel syndrome based on a favorable nexus opinion from the Veteran's treating physician.
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