The Board has found that new examinations are required to evaluate the current nature and severity of the Veteran's right shoulder, left knee, and right knee disabilities due to a record gap from December 2016 to July 2022. The Veteran's GERD disability is also remanded for further evaluation.
The deciding factor: The Board determined that new evidence was needed as there were gaps in the medical records during the relevant time period and to ensure full compliance with the duty to assist.
- Claimed conditions
- fracture deformity distal clavicle right shoulder, osteoarthrosis medial compartment and patellofemoral compartment left knee, tricompartmental osteoarthrosis right knee post high tibial osteotomy, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2023
- Citation
- 23048121
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 23048121.
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.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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