The Board remands the claims for service connection for right and left shoulder disabilities and a TDIU due to an inadequate VA examination that did not address the Veteran's credible statements regarding his duties as a Boatswain, the onset and continuity of symptoms, and why he did not seek medical attention during service.
The deciding factor: The remand is necessary because the December 2019 VA examiner did not adequately address the Veteran's credible lay statements in their opinion on the etiology of his shoulder disabilities.
- Claimed conditions
- right shoulder disability, left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004396
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a right elbow disability, left hand disability, and left shoulder disability to obtain additional medical opinions regarding the etiology of these conditions in relation to the Veteran's reported in-service injuries.
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