The Board has determined that additional development is needed for the claims of service connection for kyphosis, left shoulder impairment, and sleep impairment. The Veteran's representative and any other interested parties must be contacted to determine if they still wish to pursue these claims. They should also provide lay statements from individuals who have firsthand knowledge of any in-service left shoulder injury. Additionally, a VA Form 21-8940 with instructions for completion should be provided to the Veteran to determine eligibility for TDIU.
The deciding factor: The Board found that additional development is necessary due to the Veteran's failure to attend scheduled examinations and his refusal of VA examination requests.
- Claimed conditions
- kyphosis, left shoulder impairment, sleep impairment
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- 24031568
Veterans Law Judge
Decisions by this judge: 948 · Granted: 52% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24031568.
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 Veteran's claim for an increased rating of left trigeminal neuralgia was granted, and service connection was established for secondary conditions including blurred vision, dizziness, nausea/gastrointestinal symptoms, and sleep impairment.
- Denied
The Board has denied the Veteran's claims of service connection for kyphosis and degenerative disc disease, as well as cervical strain with IVDS. The evidence does not support a finding that these conditions had their onset in or were caused by service.
- Denied
The Board denied the veteran's claims for service connection for sleep apnea and fibromyalgia, finding no current disability beyond that associated with his service-connected psychiatric disorder.
- Granted
The Board granted service connection for cervical strain and left shoulder impairment, finding that the evidence supports a direct link to the Veteran's military service.
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