The Board remands the claims for service connection for a right shoulder condition and neck condition to ensure proper notice is provided regarding unavailable records.
The deciding factor: The AOJ did not provide the Veteran with the required notice under 38 C.F.R. § 3.159, necessitating a remand to correct this deficiency.
- Claimed conditions
- right shoulder condition, to include osteoarthritis, neck condition, to include intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- 24031936
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 requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Remanded (sent back)
The Board remands the claims for service connection for back, left wrist, left and right knee, and left and right shoulder conditions due to missing personnel records and an inadequate VA medical opinion.
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