The Board has remanded the case for additional development due to insufficient medical evidence regarding the severity of the Veteran's right rotator cuff syndrome and muscle injuries.
The deciding factor: The VA examinations did not comply with the requirements of 38 C.F.R. § 4.59, which requires testing for pain on both active and passive motion in various contexts.
- Claimed conditions
- Right rotator cuff syndrome, Muscle injuries
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2014
- Citation
- 1410963
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 1410963.
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 Veteran's right rotator cuff syndrome is found to be due to his service-connected left shoulder disability, and the appeal for this condition has been granted.
- Granted
The Veteran's claim of service connection for various lower extremity and joint disabilities, including edema, hip, hand, elbow, retropatellar pain syndrome, ankle, and rotator cuff syndromes, has been reopened. The claims are granted as the evidence shows that these conditions began during active service.
- Denied
The Board found that the appellant's additional disabilities, including cervical spine radiculopathy and psychiatric disorders, were not caused by VA carelessness or negligence. The surgeries performed did not result in these conditions.
- Partly granted
The veteran was granted a 20 percent rating for his right shoulder disability, but was denied a compensable rating for his left knee surgical scars. The left shoulder disability did not meet the criteria for a higher initial rating.
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