The Board has remanded the claims of compensation under 38 U.S.C. § 1151 for right shoulder injury and service connection for low back condition, to include compensation under 38 U.S.C. § 1151 for low back injury due to duty-to-assist errors.
The deciding factor: The Board found that there were duty-to-assist errors in obtaining records from Social Security Administration and determining whether the premises of the Soldier On Homeless Shelter was controlled or maintained by VA at the time of the Veteran's fall, leading to remand for further action.
- Claimed conditions
- Right Shoulder Injury, Low Back Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- A19001818
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.
- Partly granted
The Board granted service connection for a respiratory condition other than asthma, to include rhinitis and/or sinusitis, and a low back condition. Asthma was denied.
- Partly granted
The Board denied service connection for most conditions and granted it for tinnitus, while remanding several other claims.
- Denied
The Board denied the veteran's claims for an increased rating for PTSD and service connection for various conditions, including left shoulder, right shoulder, left wrist, low back, left leg, and left ankle conditions.
- Dismissed
The Veteran's appeal for an increased rating of PTSD is dismissed. The Board has also granted service connection for a low back condition, finding that the evidence supports a link between the Veteran's military service and his current low back disability.
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