The Board has decided to remand the claims for cervical spine degenerative joint disease with degenerative disc disease, left shoulder degenerative joint disease, and right shoulder rotator cuff tear with glenohumeral and acromioclavicular joint degenerative changes due to a lack of adequate VA opinions regarding their etiology.
The deciding factor: The Board found that the failure to obtain an adequate nexus opinion from the VA examiner amounts to a pre-decisional duty-to-assist error, necessitating further remand for such an opinion.
- Claimed conditions
- cervical spine degenerative joint disease with degenerative disc disease, left shoulder degenerative joint disease, right shoulder rotator cuff tear with glenohumeral and acromioclavicular joint degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- A23034849
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 A23034849.
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 Veteran's claim for a higher rating for left shoulder degenerative joint disease with glenohumeral joint instability was denied as his disability did not more nearly approximate limitation of motion to 25 degrees from the side.
- Denied
The Veteran's appeals for increased disability ratings and service connection were denied. The Board found that the evidence did not meet the criteria for an increased rating or service connection in all cases.
- Partly granted
The Board denied higher ratings for tinnitus and bilateral hearing loss, granted a 30% rating for hyperacusis from January 31, 2008, and granted SMC based on the need for aid and attendance.
- Denied
The Board denied service connection for the veteran's right shoulder, left shoulder, thoracolumbar spondylosis, cervical spondylosis, and both lower extremity radiculopathies as they were not incurred in or caused by his active service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.