The Veteran's appeal is remanded due to the need for a VA examination and medical opinion regarding his left shoulder disability, specifically addressing whether negligence by VA personnel caused additional disability.
The deciding factor: The Board found that the AOJ did not procure a VA exam or medical opinion regarding the Veteran's claim under 38 U.S.C. § 1151, which is required to determine if VA's negligence caused additional disability.
- Claimed conditions
- left shoulder adhesive capsulitis, left shoulder impingement syndrome, status post left arthroscopic rotator cuff tear/arthroscopic subacromial decompression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2024
- Citation
- A24058852
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 A24058852.
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 Veteran's claims for service connection are being remanded due to a duty to assist error. The VA will obtain new opinions from different VA examiners to address whether the Veteran's conditions were incurred or aggravated by his military service, including exposure during combat.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.
- Denied
The Board denied the Veteran's claim for service connection for left shoulder impingement syndrome as there was no evidence of an in-service injury or event that could be linked to his current condition.
- Dismissed
The appeal of the deferred claim for entitlement to service connection for sinusitis is dismissed. The claims for right hip greater trochanteric, left shoulder impingement syndrome, and thoracolumbar spine strain are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.