The Board has found that the VA examinations provided in connection with these claims were inadequate and requires further development, including obtaining STRs from the Veteran's period of service in the Army Reserve, scheduling new VA examinations for the Veteran's cervical spine, left shoulder, right shoulder disabilities, and hearing loss, and reviewing the Veteran's lay assertions regarding his inservice injuries.
The deciding factor: The Board finds that the medical opinions provided were inadequate due to lack of rationale and consideration of the Veteran's lay assertions. The proper procedures are also required to obtain the Veteran's STRs from his period in the Army Reserve and schedule new VA examinations for the Veteran's disabilities.
- Claimed conditions
- Cervical spine disability, Left shoulder disability, Right shoulder disability, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2014
- Citation
- 1426385
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 1426385.
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 Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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