The Board has remanded three issues: 1) service connection for cervical spine osteoarthritis as secondary to service-connected left ankle disorder, 2) service connection for right shoulder osteoarthritis as secondary to service-connected left ankle disorder, and 3) an initial rating more than 20 percent from June 4, 2009 to February 15, 2011 and from September 1, 2011 and continuing thereafter for the Veteran’s service-connected left shoulder disorder.
The deciding factor: The original claims were not finally adjudicated by VA on or before the date of death due to the failure to issue a statement of the case (SOC) for the underlying issues.
- Claimed conditions
- cervical spine osteoarthritis, right shoulder osteoarthritis, left shoulder disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132634
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 service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board granted service connection for tinea pedis of the left foot and remanded claims for a bilateral foot disorder, cervical disorder, left shoulder disorder, lumbosacral disorder, right shoulder disorder, right knee disorder, left knee disorder, and eardrum disorder.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
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