The Board has decided to remand the case due to a need for clarification on whether VA's failure to timely diagnose and treat a preexisting right shoulder condition resulted in additional disability. The Veteran asserts that she suffered from an additional disability as a result of delays in treatment, while the VA examiner opined that the delay was not due to fault.
The deciding factor: The Board requires further clarification on whether any continuance or natural progression of the Veteran’s right shoulder condition is at least as likely as not the result of any carelessness, negligence, lack of proper skill, error in judgement, or similar instance of fault on the part of VA due to a delay in providing surgery for her right shoulder.
- Claimed conditions
- Right Shoulder Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2019
- Citation
- 19140335
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19140335.
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.
- Remanded (sent back)
The Board has determined that the Veteran does not have a current right shoulder condition or neck condition, and therefore service connection for these conditions is denied. The claims of service connection for a neck condition as secondary to a service-connected right wrist condition and for bilateral hearing loss are remanded due to insufficient evidence.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection due to inadequate medical opinions and potential gaps in documented medical treatment.
- Granted
The Board has granted service connection for a right shoulder condition, finding it directly related to the Veteran's military service. The effective date is October 24, 2025.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for a right shoulder condition due to insufficient evidence and the need for a VA examination.
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