The Veteran's initial compensable rating claim for his service-connected right shoulder impingement syndrome is being remanded due to the need for a new VA examination and consideration of VA policy regarding painful motion.
The deciding factor: VA policy requires considering actually painful motion in determining disability ratings, especially when it affects employability.
- Claimed conditions
- impingement syndrome of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2013
- Citation
- 1303364
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 1303364.
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 remands the claim for a new examination to address the Veteran's contentions and ensure an adequate assessment of his right shoulder disability.
- Partly granted
The appeal for a higher disability rating was denied, but TDIU based on the single service-connected disability of depression; adjustment disorder; with alcohol induced mood disorder; neurosis; and unspecified anxiety disorder was granted.
- Denied
The Veteran's appeal for special monthly compensation based on housebound status was denied because he does not meet the criteria for such benefits, as his service-connected disabilities do not independently rate at 60% or more and he is not permanently confined to his dwelling due to these conditions.
- Granted
The Veteran's service-connected disabilities, including back, lower extremities, shoulder, ankle, wrist, and knee conditions, have caused him to be in need of regular aid and attendance. The Board has granted SMC based on the need for aid and attendance.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.