The Board has remanded the case for new VA examinations to determine if the Veteran's current spinal and shoulder conditions are related to his in-service motor vehicle accident. The previous VA examinations were deemed inadequate due to lack of thoroughness and consideration of the Veteran's pain reports.
The deciding factor: The VA examinations provided by the previous VA examiner were not adequate as they did not consider the Veteran's consistent pain reports following the January 1974 MVA, which is a critical factor in determining service connection.
- Claimed conditions
- residuals of a 1974 in-service motor vehicle accident (MVA), disorders of the cervical spine, thoracolumbar spine, bilateral shoulders, bilateral arms, entire body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2023
- Citation
- 23039468
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 23039468.
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 thoracolumbar spine and secondary service connection for radiculopathy of the right and left lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active-duty service.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate notice and an inadequately supported medical opinion, requiring further review of eligibility for PCAFC benefits based on need for personal care services related to service-connected conditions.
- Partly granted
The Veteran's back issue, bilateral ankles, bilateral shoulders, and neck issue are granted service connection. Tinnitus is also granted service connection.,Hypertension earlier effective date is dismissed as it was implemented by the AOJ based on a Board decision.
- Granted
The Veteran's service connection claim for degenerative arthritis and degenerative disc disease of the thoracolumbar spine is granted, as his back disability had its onset in active military service.
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