The Board has remanded the case due to issues related to adhesive capsulitis of the right shoulder and its impact on the veteran's service-connected disability. The veteran must be afforded another examination to determine if his right shoulder adhesive capsulitis is caused or aggravated by his service-connected disabilities.
The deciding factor: The Board found that the criteria for a higher rating under Diagnostic Code 5302 were not met due to the presence of adhesive capsulitis, which was not service-connected. The Joint Motion requested a remand because the Board failed to adequately discuss the holding in Mittleider v. West (1998).
- Claimed conditions
- residuals of gunshot wound to the right shoulder affecting Muscle Group II, adhesive capsulitis of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2004
- Citation
- 0416428
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 0416428.
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
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