The Board has determined that the VA examination and opinions provided were not in substantial compliance with the prior remand directives. The case is being returned to the agency of original jurisdiction (AOJ) for further development.
The deciding factor: The previous medical opinions did not address all aspects requested by the January 2020 Board remand, including direct service connection, secondary service connection through proximate cause, and secondary service connection through aggravation. The AOJ is required to provide a new examination and opinion that addresses these issues.
- Claimed conditions
- Left Shoulder Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001259
Veterans Law Judge
Decisions by this judge: 785 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001259.
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.
- Denied
The Board denied the Veteran's claim for service connection for a left shoulder condition, finding that there was no evidence of an in-service injury or disease and insufficient medical evidence to establish a nexus between any current disability and service.
- Denied
The Board has denied the Veteran's claims for service connection for traumatic brain injury, left shoulder condition, and lower back pain as there is no persuasive evidence of a current disability or in-service event that would support these claims.
- Denied
The Board has determined that the Veteran's current left shoulder condition is not related to his service, and thus denied his claim for service connection.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection regarding his right shoulder condition, left shoulder condition, and neck condition should be remanded due to a pre-decisional duty to assist error. The claims will now be adjudicated with appropriate medical examinations.
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