The Board remands the claims for service connection for hearing loss, impingement syndrome with adhesive capsulitis and rotator cuff tear/retracted in both shoulders, and cervical herniated disc displacement to correct pre-decisional duty-to-assist errors.
The deciding factor: Remand is necessary due to a failure to obtain VA examinations or opinions that address whether the Veteran's shoulder and neck disabilities are directly related to service.
- Claimed conditions
- hearing loss, impingement syndrome with adhesive capsulitis and rotator cuff tear/retracted, left shoulder, impingement syndrome with adhesive capsulitis, right shoulder, cervical herniated disc displacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073735
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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Dismissed
The appeal concerning the service connection for various conditions and the propriety of a rating reduction has been withdrawn by the Appellant.
- 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.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
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