The Board has determined that there was not substantial compliance with its previous remand instructions and the claims are being returned for further development.
The deciding factor: The VA examiner's opinions were inadequate as they did not consider the Veteran's lay statements regarding the onset of symptoms in-service, the reason he did not seek medical treatment, and that his symptoms have persisted since service.
- Claimed conditions
- Left Shoulder, Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2022
- Citation
- 22037690
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 22037690.
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.
- Dismissed
The Board has dismissed the Veteran's appeals for increased ratings and earlier effective dates in several of his claims, including those related to TBI, left shoulder, lumbosacral strain with degenerative arthritis, posttraumatic migraine headaches, and TDIU. The issues have been remanded for further examination and evaluation.
- Denied
The Board has denied service connection for the Veteran's claimed right knee, left knee, right hip, left hip, right shoulder, and left shoulder conditions as there is no persuasive evidence that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Denied
An initial disability rating of 40 percent, but no more, for a back disability effective September 2, 2018 is granted.,An initial disability rating in excess of 20 percent for a left shoulder disability is denied.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
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