The Board has determined that a remand is necessary to correct the pre-decisional duty to assist error identified in the March 2014 VA examination, which did not comply with the requirements of Sharp and Correia. The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine will be remanded for further action.
The deciding factor: The March 2014 VA examination was inadequate as it did not comply with the requirements set forth in Sharp v. Shulkin and Correia v. McDonald, which require that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing, and provide estimates of range of motion loss during flare-ups or after repetitive use.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2026
- Citation
- A26003047
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 A26003047.
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 Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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