The Board has granted service connection for degenerative disc disease of the thoracolumbar spine, but has remanded the issues regarding left and right shoulder conditions due to insufficient rationale in the medical opinions.
The deciding factor: The VA examiner's opinion on direct service connection was flawed as it did not explain why such symptoms in totality did not represent the onset of a lower back disability in service or why such an injury is unrelated to the Veteran's current pain/diagnosis. The Board also observed that the medical opinions supporting the claims for left and right shoulder conditions contain insufficient rationale.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Left shoulder condition, Right shoulder condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2022
- Citation
- 22009123
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 22009123.
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 decided to remand the Veteran's claims for cervical spine condition and left shoulder condition due to a pre-decisional duty to assist error, as VA failed to provide the Veteran with VA examinations and medical opinions to assess the nature and etiology of his conditions.
- Granted
The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and any evidence not considered will be reviewed by the AOJ in the adjudication of the claim.
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