The Board has remanded the case due to inadequate notification and development of the claims, including obtaining medical records and providing the veteran with proper VCAA notifications.
The deciding factor: The VA did not adequately notify the veteran of his rights under the VCAA and failed to provide him with specific information about which evidence he needs to provide and which evidence VA will seek to obtain on his behalf.
- Claimed conditions
- Degenerative joint disease of the left shoulder, Right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2006
- Citation
- 0600014
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 denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for degenerative joint disease of the left shoulder to obtain an addendum opinion that considers the ameliorative effects of medication.
- Partly granted
The Board granted service connection for a right knee disability and PTSD, remanded several claims including those for a left knee disability, right shoulder disability, hypertension, craniomandibular disorder, and a compensable rating for residuals of a right femur fracture.
- Partly granted
The Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
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