The Board remands the claim for a VA examination that complies with Correia v. McDonald to determine the current degree of severity of the service-connected back disability.
The deciding factor: The January 2021 examiner did not provide range of motion testing results for passive range of motion and non-weight bearing, which is required by Correia v. McDonald.
- Claimed conditions
- degenerative arthritis of the thoracic spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2025
- Citation
- A25025602
Veterans Law Judge
Decisions by this judge: 734 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25025602.
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.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Granted
The Veteran's back condition, including degenerative arthritis of the lumbar and thoracic spine as well as degenerative disc disease other than intervertebral disc syndrome, is granted. The right lower extremity radiculopathy and left lower extremity radiculopathy are also granted.
- Denied
The Board has denied the Veteran's claim for service connection for a low back condition, finding that there is no causal connection between his in-service event and his current disability.
- Granted
The reduction in the disability rating for service-connected lumbar strain with degenerative arthritis of the thoracic spine with IVDS at L3 and L4 from 20 percent to 10 percent, effective June 12, 2018, was improper; restoration of the Veteran's 20 percent disability rating is granted.
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.