The Board has remanded the case due to inadequate medical nexus opinions regarding the Veteran's right shoulder disability. The AOJ is instructed to obtain another opinion with sufficient rationale.
The deciding factor: The lack of contemporaneous records does not preclude service connection for a claimed disability, and the VA clinician’s opinion was based on insufficient rationale.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081225
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 a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Remanded (sent back)
The character of the appellant's uncharacterized discharge is not a bar to the receipt of Department of Veterans Affairs (VA) benefits; to this extent only, the claim is granted.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.