The Board has decided to remand the Veteran's claims for left knee disability, lumbar spine disability, bilateral shoulder disability, and skin disability due to inadequate opinions regarding service connection.
The deciding factor: The Joint Motion for Remand (JMR) found that the Board failed to ensure that the duty to assist was satisfied regarding all claims on appeal, particularly in terms of proper use of the 'as likely as not' standard for nexus opinions and consideration of the Veteran's lay testimony about his service-related injuries.
- Claimed conditions
- left knee disability, lumbar spine disability, bilateral shoulder disability, skin disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2023
- Citation
- 23008288
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 23008288.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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