The Veteran's injuries in a motorcycle accident are being reviewed to determine if they occurred in the line of duty and were not due to willful misconduct. The case is being remanded for additional development, including obtaining an opinion on whether the Veteran's alcohol use was excessive.
The deciding factor: The decision is pending further review based on new evidence and medical opinions regarding the Veteran's alcohol use at the time of the accident.
- Claimed conditions
- compression fracture of L3, left clavicle fracture, bilateral shoulder disability, multiple head trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2012
- Citation
- 1228373
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 1228373.
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 Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Dismissed
The Veteran withdrew his appeal concerning the service connection for various disabilities, including bilateral ankle, hip, shoulder, and knee disabilities, as well as an acquired psychiatric disorder and heat sensitivity.
- Dismissed
The Board has dismissed the appeal due to the appellant's withdrawal of his claims.
- Dismissed
The Board has dismissed the claims for service connection for bilateral shoulder disability and hypertension as there are no longer any pending issues in controversy. The Veteran's combined disability rating is 100%, but his TDIU claim is moot due to the presence of other disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.