The Board has found that there may be outstanding VA treatment records from the Veteran's service period and remanded for their retrieval to make a fully-informed decision on his claims.
The deciding factor: There are potential relevant VA treatment records within VA's constructive possession that have not been obtained, which constitutes a pre-decisional duty to assist error.
- Claimed conditions
- lumbar spine scoliosis, left knee joint osteoarthritis, left shoulder rotator cuff tendonitis, major depressive disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2023
- Citation
- A23036926
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 A23036926.
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.
- Granted
The Board has granted service connection for left shoulder rotator cuff tendonitis, finding that the Veteran's current condition is related to his in-service injury. The evidence shows a present disability and service incurrence of an injury, with continuity of symptomatology post-service.
- Granted
The Veteran's claim of service connection for dizziness, TBI, MDD, and anxiety disorder is granted as new evidence has been received. The claims are remanded to obtain VA examinations.
- Granted
The Veteran's major depressive disorder is related to her military service, and the Board has granted service connection for an acquired psychiatric disorder.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded due to the need for additional evidence, including SSA disability records. The AOJ will consider the recent grants of service connection in conjunction with the TDIU application.
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