The Board remands the claims for higher initial ratings for cervical spine, bilateral shoulder, and left knee disabilities to correct pre-decisional duty-to-assist errors.
The deciding factor: The VA examinations are inadequate as they failed to estimate the degree of additional loss of function due to the Veteran's disabilities during flare-ups or after repeated use over time.
- Claimed conditions
- Cervical strain, Right shoulder disability, Left shoulder disability, Left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2025
- Citation
- A25028446
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25028446.
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 an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Remanded (sent back)
The Board has denied service connection for a right shoulder disability and remanded the case for further action on heart disability. The decision regarding right shoulder disability is that it was not incurred in or aggravated by service.
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