The Board remands the claims for service connection for a right shoulder disorder and low back disorder to obtain an adequate VA opinion as the May 2022 VA opinions are based on inaccurate factual premises.
The deciding factor: The May 2022 VA opinions are based, at least in part, on inaccurate factual premises, making them of diminished probative value. The RO's failure to obtain an adequate VA opinion constitutes a pre-decisional duty to assist error.
- Claimed conditions
- right shoulder disorder, low back disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2025
- Citation
- A25058391
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.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
- Dismissed
The appeal for service connection for a low back disorder was dismissed as the RO granted service connection in a November 2023 rating decision.
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