The Board remands the claims for back and right shoulder disabilities to correct a duty to assist error, requiring further medical examination to address direct service connection.
The deciding factor: The VA opinions obtained in January 2021 were found inadequate as they failed to address direct service connection adequately.
- Claimed conditions
- back disability, right shoulder disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062487
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- 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.
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.