The Board remands the claims for further development and to ensure that due process is followed, as the previous examinations did not fully comply with VA's duty to assist requirements.
The deciding factor: The September 2022 VA examinations were found inadequate because they did not meet the requirements of Correia v. McDonald regarding joint testing for pain on both active and passive motion in weightbearing and non-weightbearing conditions, and did not provide a comprehensive opinion for all diagnosed conditions including unspecified bipolar and related disorder and unspecified trauma and stressor related disorder.
- Claimed conditions
- left knee patellofemoral pain syndrome with tendinitis, acquired psychiatric condition (PTSD), chronic lower back pain, left shoulder, right ankle, right knee, torn left bicep
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2025
- Citation
- A25044301
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The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- Dismissed
The Board denied the veteran's appeals for service connection due to untimely filings.
- Remanded (sent back)
The Board remands the claim for service connection for back disability due to a duty-to-assist error, specifically the failure to obtain relevant private treatment records.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
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