The Board has determined that further development is required with respect to the right shoulder, osteoporosis, lumbar spine, and GERD claims. The Veteran's cervical spine disorder and glaucoma claims are not currently on appeal.
The deciding factor: The Veteran did not perfect his appeal of the denial of service connection for hypertension by filing a timely Substantive Appeal after a Statement of the Case (SOC) was promulgated in October 2003. The new evidence received since the prior denials does not relate to an unestablished fact necessary to substantiate these claims.
- Claimed conditions
- osteoarthritis of the right shoulder, osteoporosis with joint motion, degenerative arthritis of the lumbar spine, otitis media, scar on the eye, gastrointestinal reflux disease (GERD), degenerative arthritis of the cervical spine (cervical spondylosis with radiculopathy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001458
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 1001458.
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 granted service connection for gastrointestinal reflux disease (GERD) on a direct basis, resolving reasonable doubt in the Veteran's favor.
- Denied
The Board denied the veteran's claims for service connection for a back disability, otitis media, and a skin disability as there was no evidence to support that these conditions were related to his military service.
- Granted
The Board granted an initial 60 percent rating for service-connected GERD and a 10 percent rating, but no higher, for hypertension.
- Denied
The Board denied service connection for sleep apnea, as there is no current disability. The issues of entitlement to service connection for bilateral hearing loss, tinnitus, and degenerative arthritis of the lumbar spine are remanded due to inadequate examination reports.
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