The Board has remanded the claims for service connection for lumbar, cervical, and bilateral shoulder disorders due to inadequate medical opinions that did not consider the Veteran's lay reports of continuity of symptomatology.
The deciding factor: The VA examiners' opinions were based on the absence of in-service diagnoses or documented complaints without considering the Veteran's assertions of continuity of symptoms since service.
- Claimed conditions
- lumbar disorder, cervical disorder, bilateral shoulder disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- 23060287
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 23060287.
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 Board has granted service connection for bilateral pes planus. The Veteran's lumbar disorder and bilateral lower extremity radiculopathy are now secondary to his service-connected diabetes mellitus, type II. However, the Board finds that he may be entitled to service connection for a lumbar disorder and bilateral lower extremity radiculopathy as due to his bilateral pes planus. The case is remanded for further action.
- Remanded (sent back)
The Board has remanded two issues: the initial rating for a lumbar disorder and the initial rating for right lower extremity radiculopathy. The remand is due to inconsistencies in the VA examination report, particularly regarding range of motion during flare-ups.
- Denied
The Board denied the Veteran's claims of service connection for bilateral shoulder, elbow, wrist, and hip disorders due to a lack of current diagnoses in the medical records.
- Remanded (sent back)
The Board has remanded the claims of service connection for various conditions including an acquired psychiatric disorder, chronic pain and fatigue, psoriatic arthritis, bilateral shoulder disorder, and low back disorder due to a failure to provide notice of the right to a hearing.
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