The Board has decided to remand the Veteran's claims for additional development due to inadequate examinations and failure to consider functional loss and flare-ups.
The deciding factor: The VA examinations did not comply with the requirements set forth in Sharp v. Shulkin, specifically regarding range of motion testing and consideration of pain during use.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine, Right Shoulder Tendonitis, Left Shoulder Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2021
- Citation
- 21026757
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 21026757.
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 cause of the Veteran's death was cardiopulmonary arrest due to aspiration, and they have found a duty to assist error in their initial decision. They are now requesting a medical opinion to determine if the service-connected conditions contributed to the Veteran's death.
- Denied
The Veteran's degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- Granted
The Veteran's right shoulder tendonitis is rated at 20 percent from February 6, 2017. The rating for thoracolumbar spine intervertebral disc syndrome remains at 40 percent prior to September 22, 2025 and in excess of 40 percent thereafter.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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