The Board has remanded the claims for service connection of a left shoulder disability and a disability of the left side of back, finding insufficient evidence to establish a direct or secondary relationship with service.
The deciding factor: The VA examiners did not adequately address whether the current disabilities are otherwise causally related to the in-service injury or if they were aggravated by the service-connected condition.
- Claimed conditions
- {"condition_name":"Left Shoulder Disability","disposition":"Secondary to service-connected status post dislocation, left elbow"}, {"condition_name":"Disability of the Left Side of Back","disposition":"Secondary to service-connected status post dislocation, left elbow"}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106047
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 right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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