The Board has found a duty to assist error and remanded the case for an addendum VA medical opinion regarding the Veteran's claim under 38 U.S.C. § 1151.
The deciding factor: The Board determined that there was a duty to assist error due to inadequate VA medical opinions addressing the specific elements of a Section 1151 claim, including causation and fault on the part of VA.
- Claimed conditions
- Right Shoulder Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2023
- Citation
- A23035808
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 A23035808.
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 Board has determined that the Veteran does not have a current right shoulder condition or neck condition, and therefore service connection for these conditions is denied. The claims of service connection for a neck condition as secondary to a service-connected right wrist condition and for bilateral hearing loss are remanded due to insufficient evidence.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection due to inadequate medical opinions and potential gaps in documented medical treatment.
- Granted
The Board has granted service connection for a right shoulder condition, finding it directly related to the Veteran's military service. The effective date is October 24, 2025.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for a right shoulder condition due to insufficient evidence and the need for a VA examination.
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