The Board has remanded the Veteran's claims for service connection for right shoulder, right elbow/arm, and neck disabilities due to an error in relying on a VA examiner’s opinions based on an inaccurate factual premise. The AOJ is required to obtain updated VA treatment records and request private treatment records from non-VA providers. A VA examination must be scheduled to determine the nature and etiology of the Veteran's disabilities.
The deciding factor: The Board found that the previous denial was flawed due to reliance on an inaccurate factual premise regarding the Veteran’s employment in construction, which did not entail physical labor as he claimed.
- Claimed conditions
- right shoulder disability, right elbow/arm disability, neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19182003
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (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 19182003.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Granted
The Board has granted service connection for right shoulder, right shin, and left shin disabilities manifested by pain causing impairment in earning capacity. The decision is based on the Veteran's testimony regarding his symptoms during service.
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