The Board remands the claims for a new examination due to constructive possession of relevant VA treatment records that were not considered in the initial decision.
The deciding factor: Remand is necessary because the April 2022 VA examination did not consider all relevant and reasonably connected VA-generated documents, leading to an error in assisting the Veteran under 38 U.S.C. § 5103A.
- Claimed conditions
- right shoulder glenohumeral joint osteoarthritis and dislocation with acromioclavicular joint osteoarthritis (painful motion), right shoulder glenohumeral joint osteoarthritis and dislocation with acromioclavicular joint osteoarthritis (recurrent dislocation)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2024
- Citation
- A24063106
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his 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.