The veteran is seeking an increased rating for his left shoulder disability, which was initially granted at a 20 percent evaluation. The Board has initiated further development and now requires the RO to consider new evidence before deciding the case.
The deciding factor: The Court of Appeals invalidated the authority allowing the Board to obtain evidence and decide an appeal considering that evidence when not considered by the AOJ, thus requiring remand for consideration at the RO level.
- Claimed conditions
- residuals of a shell fragment wound to the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2003
- Citation
- 0320470
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 0320470.
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 found that the cause of death, septic shock due to positive blood culture for staphylococcus, was not causally or etiologically related to service or a service-connected disability. The Veteran's service-connected disabilities did not substantially or materially contribute to the cause of his death.
- Denied
The VA denied the veteran's claim for an increased rating for his service-connected shell fragment wound to the left shoulder, currently rated at 30 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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