The Board has remanded the case for a more thorough VA examination and opinion to determine if the Veteran's current right shoulder disability is related to his military service, specifically his period of active duty from January to August 1978 or his period of ACDUTRA from April to October 1975. The examiner must consider the Veteran's lay statements regarding an in-service injury and any continuity of symptomatology since service.
The deciding factor: The VA examination report is inadequate as it did not account for the Veteran's lay statements and instead relied on the absence of evidence in his service treatment records to provide a negative opinion.
- Claimed conditions
- right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2011
- Citation
- 1143686
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 1143686.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Granted
The Board has granted service connection for right shoulder, right shin, and left shin disabilities manifested by pain causing impairment in earning capacity. The decision is based on the Veteran's testimony regarding his symptoms during service.
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