The Board has remanded the case due to inadequate reasons and bases for its denial, specifically failing to address relevant favorable evidence and relying on an inadequate VA examination in its denial. The appeal is now back with the Board for further adjudication.
The deciding factor: The decision was based on an inadequate VA examination that did not comply with the requirements set forth by the Court of Appeals for Veterans Claims (the Court).
- Claimed conditions
- right shoulder sprain, impingement syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2023
- Citation
- 23040685
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 23040685.
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.
- Dismissed
The Veteran's appeal regarding a rating for muscle atrophy due to thoracic outlet syndrome and related conditions has been dismissed as the appellant requested withdrawal of the appeal.
- Dismissed
The Veteran's appeal for earlier effective dates for service connection of various conditions has been dismissed as the claims are final due to lack of timely appeal within one year of the October 2009 rating decision.
- Dismissed
The Board has dismissed all appeals related to temporary total disability ratings for shoulder disabilities and the award of TDIU with an effective date prior to March 25, 2015.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination and opinion, requiring a new examination and opinion to determine if the Veteran's right shoulder disability is related to service.
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