The Board has remanded the Veteran's claims for additional development due to inadequate May 2017 VA examinations concerning his cervical spine and right shoulder disabilities. The AOJ is required to procure new examination reports in which an examiner opines about the extent of functional limitations during flare-ups.
The deciding factor: The Board found that the previous VA examinations were inadequate as they did not provide sufficient information on the Veteran's functional limitations due to flare-ups.
- Claimed conditions
- degenerative joint disease of the right glenohumeral joint with rotator cuff tears, degenerative joint disease and degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189891
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19189891.
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 an effective date of February 1, 2010 for the award of service connection for right upper extremity radiculopathy and a 20 percent rating. It also granted initial evaluations of 30 percent for degenerative joint disease and degenerative disc disease of the cervical spine from October 28, 1999.
- Granted
The Veteran's cause of death was identified as ALL, which the appellant contends is related to her Gulf War service. The Board finds that new and material evidence has been received to reopen the claim for DIC benefits due to the appellant's contention regarding exposure to environmental hazards during her Gulf War service.
- Granted
The Veteran is entitled to a TDIU since November 17, 2011 and SMC based on the need for aid and attendance due to her service-connected disabilities.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and vocational rehabilitation documents. He needs to be provided with a proper VCAA notice letter addressing how to establish service connection on a secondary basis.
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