The veteran's appeal is being remanded for additional development, including a VA examination and consideration of the claim with consideration of Fenderson v. West.
The deciding factor: The decision requires further development to determine the severity of the left shoulder disability and consider staged ratings as appropriate.
- Claimed conditions
- acromioclavicular separation of the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2004
- Citation
- 0432129
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 0432129.
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.
- Remanded (sent back)
The Board remanded the Veteran's claims for disability ratings due to missed examinations and hearings. The Veteran must undergo new VA examinations.
- Denied
The Board denied the veteran's claims for service connection for bilateral hearing loss and an increased evaluation for his left shoulder disability. The Board found that there was no evidence of a permanent increase in hearing acuity during service, and thus the presumption of aggravation did not apply. For the left shoulder disability, the VA examiner opined that the pre-existing condition likely worsened due to noise exposure during service.
- Remanded (sent back)
The veteran's claims for increased ratings and service connection are being remanded to the RO for additional development.
- Granted
The veteran's residuals of an acromioclavicular separation of the left shoulder with arthritis are rated at 20 percent effective March 16, 1998.,A hiatal hernia with gastroesophageal reflux and a history of a duodenal ulcer is rated at 30 percent from September 29, 1995 to April 30, 1996. It was previously rated as zero percent effective March 1, 1994.,Hemorrhoids are rated at 10 percent since March 1, 1994.,Coronary artery disease, status post myocardial infarction is rated at 30 percent effective March 1, 1994.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.