The Board has remanded the veteran's claims due to inadequate review of his case and failure to consider relevant evidence. The veteran needs further examination for both cervical spine disability and right shoulder fracture with resection of distal clavicle.
The deciding factor: The Joint Motion indicated that the VA examiner did not review the claims folder as instructed in the October 2003 remand, leading to inadequate review of the case. The Board also failed to consider relevant evidence regarding the veteran's right shoulder disability and whether a separate rating should be assigned for arthritis due to trauma.
- Claimed conditions
- cervical spine disability, right shoulder fracture with resection of distal clavicle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2007
- Citation
- 0732802
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 0732802.
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.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and cervical spine disability due to potential service connection issues related to obesity, service-connected disabilities, and other factors.
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