The Board remands the claim for a higher rating for the Veteran's right shoulder disorder to obtain an updated VA examination.
The deciding factor: The record shows increased severity of the disability, and a more recent evaluation is needed to appropriately evaluate it with consideration of his complaints of limitation of motion, repetitive motion testing and flare-ups as well as any concomitant muscle atrophy.
- Claimed conditions
- rotator cuff tendonitis, right shoulder with traumatic arthritis and rotator cuff repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904777
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 a rating in excess of 30 percent for his right shoulder disorder.
- Denied
The Board denied service connection for left shoulder condition, diagnosed as rotator cuff tendonitis, finding that the evidence of record does not support a causal relationship between the in-service injury and the current disability.
- Granted
The Board granted service connection for right carpal tunnel syndrome and rotator cuff tendonitis, finding that these conditions are due to the Veteran's service-connected lumbar myositis with radiculopathy.
- Remanded (sent back)
The Board remands the claim for a further VA medical opinion to address the etiology of the Veteran's left shoulder disorder(s) and obtain outstanding private treatment records.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.