The Board has remanded the case due to insufficient evidence regarding the current nature and etiology of the Veteran's left shoulder and cervical spine disabilities, as well as their relationship to service. The Veteran is required to undergo a VA examination to determine these issues.
The deciding factor: The Court found that there was no clear and unmistakable evidence demonstrating that the preexisting left shoulder and cervical spine conditions were not aggravated during active duty service, but further evidence is needed to establish current disabilities and their relationship to in-service aggravation.
- Claimed conditions
- Left Shoulder Disability, Cervical Spine Disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2012
- Citation
- 1208953
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 1208953.
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 claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Veteran's claim for an effective date before April 1, 2018 for a 20% rating for left shoulder disability was denied. The appeal also resulted in the assignment of a 20% rating from April 1, 2018 to March 31, 2018, and a TDIU granted from April 1, 2018 to September 3, 2025.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
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