The Board remands the claims for a right shoulder disability and left toe disability to provide adequate VA examinations.
The deciding factor: The November 2019 medical opinions are inadequate because they rely on an inaccurate factual premise, do not consider lay testimony, and fail to comply with the standards set forth in Spicer.
- Claimed conditions
- right shoulder disability, left foot fifth toe disability (left toe disability)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2025
- Citation
- A25047610
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 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.
- 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.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Denied
The Board denied service connection for right and left knee, shoulder, and knee scars disabilities, as well as a compensable disability rating for hypertension.
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