The Board has determined that new examinations are necessary to properly assess the Veteran's right shoulder and back disabilities, as the current examinations did not comply with the requirements set forth in Sharp v. Shulkin.
The deciding factor: The VA examinations conducted were not compliant with the directives of the July 2018 Board remand instructions due to a lack of information regarding flare-ups and functional loss during such events.
- Claimed conditions
- right shoulder (major) tendinitis, degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 8, 2019
- Citation
- 19177194
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19177194.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board has dismissed the appeals for various rating and service connection claims due to the Veteran's death.
- Whole decision: Granted
The Veteran's bilateral tinnitus is granted as service-connected.,Service connection for alcohol use disorder is denied.,A disability rating of 100% (total) is granted for PTSD, effective from the date of this decision.,A disability rating of 100% (total) is granted for degenerative disc disease of the thoracolumbar spine, effective from the date of this decision.
- Whole decision: Dismissed
The appeal concerning the revisions of evaluations for various conditions and special monthly compensation has been dismissed due to the Veteran's death.
- Whole decision: Granted
The Veteran's service connection claim for degenerative disc disease of the thoracolumbar spine with degenerative arthritis, spinal stenosis, spondylolisthesis, and right lower extremity radiculopathy is granted as it meets the criteria for direct service connection due to an in-service injury during combat operations.
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