BVA Case 24-7325: Back

The RO denied the claim as to the right shoulder because he had not submitted new and material evidence and as to the left shoulder because there was no evidence of nexus or of an in-service event or injury.

The examiner concluded that the appellant's bilateral shoulder disabilities were less likely than not related to service and provided the following rationale: [The appellant]is having [status post] arthroplasty due to degenerative disease of [the]bilateral shoulders.

In July 2023,the Board found the October 2020 VA opinion inadequate because the examiner primarily relied on the lack of complaints in service regarding a bilateral shoulder 3 Case:24-7325 Page: 4 of 20 Filed:12/11/2025 condition when rendering the opinion.

The examiner must provide separate findings and rationales relating to causation and aggravation.

Appellant The appellant first argues that the Board erred in making a legally insufficient credibility determination.

Next,the appellant argues that the Board failed to ensure that VA satisfied its duty to assist and to comply with the July 2023 Board remand because the March 2024 VA opinions are 6 Case:24-7325 Page: 7 of 20 Filed:12/11/2025 inadequate to address the theory of secondary service connection.

Finally,the appellant maintains that [t]he Board erred when it used its adverse credibility finding to circumvent its duty to ensure compliance with its July 2023 remand instructions.

He contends that,because the Board expressly directed the examiner to address his lay statements,the Board implicitly found him credible, or [a]t the very least, the Board did not question [his]credibility and therefore failed to notify him that his credibility was still at issue.