The claims for service connection for right shoulder, low back, cervical spine, and left hip disorders are being remanded to provide the veteran with proper notice regarding new and material evidence.
The deciding factor: The previous denials were based on a lack of evidence showing in-service neck, lower back, hip, or right shoulder disabilities, and competent evidence linking any post service neck, lower back, hip, or right shoulder disabilities to service. The veteran must be informed of the specific elements missing at the time of the last denials.
- Claimed conditions
- right shoulder disorder, low back disorder, cervical spine disorder, left hip disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901670
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 service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Dismissed
The Veteran withdrew the appeal for service connection for a cervical spine disorder and bilateral cataracts of the eyes.
- Denied
The Board denied the claims for an increased rating for the left shoulder disorder, service connection for a cervical spine disorder, service connection for a right arm disorder, and service connection for a left arm disorder.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.