The Board denied the veteran's claim for an increased rating for a left shoulder strain with tendinitis. The Court granted the parties' motion to vacate only that action and remanded the case back to the Board for readjudication.
The deciding factor: The decision was based on the failure of the Board to provide an adequate statement of reasons and bases for its denial, due to the absence of an adequate medical examination fully outlining the existence of factors set forth in 38 C.F.R. � 4.40, 4.45, 4.59 (2005) and DeLuca v. West, 8 Vet.App. 202, 206 (1995).
- Claimed conditions
- left shoulder strain with tendinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2006
- Citation
- 0612141
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0612141.
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 has granted a 30 percent schedular rating and a 10 percent extraschedular rating for the Veteran's left shoulder strain. The case is being remanded to address the issue of TDIU on an extraschedular basis, as well as service connection for a systemic disorder.
- Granted
The Board has granted a maximum schedular rating of 30 percent for the veteran's left shoulder strain with tendinitis, finding that it more nearly approximates to 25 degrees to the side with consideration of pain and functional loss. A separate extraschedular rating of 10 percent is also granted.
- 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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