The veteran is seeking an increased rating for his service-connected gunshot wound to the right shoulder, which currently results in a 30 percent disability. The case has been remanded due to inadequate peripheral nerve examination and need for proper notice under Dingess v. Nicholson.
The deciding factor: Inadequate peripheral nerve examination report does not specify severity of neuralgia or particular nerve affected, necessitating further evaluation.
- Claimed conditions
- gunshot wound of the right shoulder, residual traumatic arthritis and loss of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2007
- Citation
- 0731669
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 0731669.
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 Veteran's death was not caused by any of his service-connected conditions, and the Board finds that the appellant does not have competent medical evidence to support her claim. As a result, she is not entitled to burial benefits based on the cause of the Veteran's death.
- Remanded (sent back)
The Board has remanded the Veteran's claim for an increased rating for his service-connected gunshot wound of the right (major) shoulder with residual traumatic arthritis and loss of motion, currently evaluated as 30 percent disabling. The case is to be readjudicated based on whether he is entitled to separate compensable ratings for entrance and exit wound scars from his gunshot wound injury and each muscle group affected by his gunshot wound injury.
- Granted
The Board granted a higher rating of 20 percent for the residuals of a gunshot wound to the right shoulder, finding that the disability is productive of mild limitation of abduction and flexion of the right arm with chronic pain.
- Denied
The Board denied the veteran's claim for an increased disability rating for his service-connected right shoulder wound, finding that the evidence did not meet the criteria for a higher evaluation.
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