The Board has denied the appellant's claim for a disability evaluation in excess of 30 percent for his service-connected left shoulder degenerative joint disease. The Court has directed that the issue be remanded to consider whether a total disability rating based on individual unemployability due to the service-connected condition is warranted.
The deciding factor: The Court found that the Board did not address whether consideration under 38 C.F.R. § 4.16(b) was warranted, which involves evaluating whether a TDIU is warranted for the appellant's service-connected left shoulder disability.
- Claimed conditions
- degenerative joint disease of the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2009
- Citation
- 0939782
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. Search VA.gov for the original decision (opens in a new tab) using citation 0939782.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased disability ratings for his shoulder and lumbar spine conditions have been dismissed due to the Veteran's death.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance from November 15, 2021, finding that his service-connected disabilities did not render him bedridden or in need of regular aid and attendance.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for bilateral hand, knee, and left shoulder disabilities due to a pre-decisional duty to assist error in failing to obtain an adequate nexus opinion as to whether these conditions are related to or aggravated by his service-connected right shoulder disability.
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