The Board has remanded the case due to failure to comply with VCAA requirements, including providing a VA examination and ensuring proper notification of the veteran's rights under the law.
The deciding factor: The Court found that the Board failed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) which requires providing the veteran with a medical examination and informing him of his and VA's responsibilities under the VCAA.
- Claimed conditions
- Right Shoulder Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2003
- Citation
- 0320824
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 0320824.
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 restoration of a 30 percent rating for irritable bowel syndrome and service connection for a right shoulder disorder, while denying service connection for right sided carpal tunnel syndrome and left sided carpal tunnel syndrome.
- Partly granted
The Board denied entitlement to a rating in excess of 30 percent for irritable bowel syndrome and a compensable rating for left ear hearing loss, granted service connection for obstructive sleep apnea as secondary to PTSD and unspecified depressive disorder, and denied service connection for various other disorders.
- Remanded (sent back)
The Board remands the claims for an initial compensable rating for allergic rhinitis, service connection for residuals of a traumatic brain injury (TBI), including headaches, and service connection for a right shoulder disorder due to additional evidence not being considered in previous decisions.
- Partly granted
The Board denied service connection for diverticulitis and a compensable rating for bilateral hearing loss, while remanding claims for service connection for various other disorders and a TDIU.
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