The Veteran's service-connected cervical strain and lumbar strain have been granted earlier effective dates of July 9, 2010.,Service connection for a left shoulder disability has been granted. The Board finds the evidence is in relative equipoise as to whether the Veteran's current left shoulder rotator cuff issues and degenerative joint disease are due to repetitive-use injuries during active service.,The Veteran's service-connected right hip, right thigh, left ankle, and right ankle disabilities have been remanded for clarification of the July 2021 private opinion regarding obesity as an intermediate step. The examiner must provide a rationale addressing whether the Veteran's service-connected disabilities caused or aggravated his obesity, and if so, whether the obesity was a substantial factor in causing the claimed bilateral ankle, right hip, or right thigh conditions.,The Veteran's service-connected left hand disability has been remanded for an opinion on secondary service connection. The examiner must address both causation and aggravation to be deemed adequate. If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation.
The deciding factor: The earlier effective dates were granted based on post-remand examination reports that warranted higher ratings for the Veteran's service-connected cervical and lumbar spine disabilities.,Service connection was granted for a left shoulder disability due to lay evidence of continuous left shoulder pain and stiffness since separation from service, as well as a private opinion explaining in-service repetitive-use injuries resulted in current left shoulder rotator cuff issues and degenerative joint disease.,The right hip, right thigh, left ankle, and right ankle disabilities were remanded for clarification of the July 2021 private opinion regarding obesity as an intermediate step. The examiner must provide a rationale addressing whether the Veteran's service-connected disabilities caused or aggravated his obesity, and if so, whether the obesity was a substantial factor in causing the claimed bilateral ankle, right hip, or right thigh conditions.,The left hand disability was remanded for an opinion on secondary service connection. The examiner must address both causation and aggravation to be deemed adequate. If aggravation is found, the examiner should attempt to quantify the degree of additional disability resulting from the aggravation.
- Claimed conditions
- Cervical strain, Lumbar strain, Left shoulder disability, Left hand disability (to be clarified), Right hip disability (to be clarified), Right thigh disability (to be clarified), Left ankle disability (to be clarified), Right ankle disability (to be clarified), Left foot disability, including metatarsalgia, Right foot disability, including metatarsalgia, Disability of the toes of the left foot (to be clarified), Disability of the toes of the right foot (to be clarified)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2022
- Citation
- 22062691
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 22062691.
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.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
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