The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's bilateral shoulder and cervical spine disorders, which are related to in-service injuries. The examiner must consider the Veteran's lay statements about events during service.
The deciding factor: The VA examiner did not adequately address the Veteran’s lay statements concerning his in-service injuries and their relation to his current conditions.
- Claimed conditions
- left shoulder condition, right shoulder condition, cervical spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103223
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 tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Granted
The Board granted service connection for a left shoulder condition, finding that the Veteran's current disability is related to his military service.
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