The Board has remanded the Veteran's claims for service connection for neck, upper back, lower back, right shoulder, and left shoulder conditions due to a duty to assist error. The Veteran submitted treatment records from private chiropractors dating back to early 2000, which document his symptoms. A new VA examination is required to determine if these disabilities are related to service.
The deciding factor: The Board found that the previous opinions were based on an inadequate February 2020 VA examination report and the Veteran's prior medical records were silent for any evaluations or treatments of his claimed conditions.
- Claimed conditions
- neck condition, upper back condition, lower back condition, right shoulder condition, left shoulder condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2023
- Citation
- A23036822
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 A23036822.
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 claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Dismissed
The Veteran's appeal for service connection for sleep apnea has been dismissed due to the withdrawal of his request.,Service connection for a back condition is denied as there is no evidence that the condition began during service or is related to an in-service injury, event, or disease.
- Denied
The Board denied service connection for both a lower back condition and a cervical spine condition, finding that the evidence did not support a nexus between these conditions and service.
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