The Board remands the appeal as to the issues of a current evaluation in excess of 30 percent for the veteran's service-connected left shoulder disability, as well as an increased rating for service-connected hiatal hernia with ulcerative esophagitis, and a total disability rating based upon individual unemployability due to service-connected disability.
The deciding factor: The veteran's service-connected disabilities do not meet the criteria for higher ratings prior to July 1, 2004, as his range of motion findings still do not more nearly approximate the criteria for a higher rating. The Board remands the appeal for further development and consideration of these issues.
- Claimed conditions
- left shoulder strain with bursitis, lumbosacral strain, hiatal hernia with ulcerative esophagitis, onychomycosis of the toenails and hyperkeratosis of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810245
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.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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