The Veteran's appeal is remanded due to the need for a new VA examination to assess his right shoulder disability, as the previous one did not comply with the CAVC instructions in Correia.
The deciding factor: The previous VA examination did not provide findings compliant with the CAVC instructions in Correia regarding range of motion testing on active and passive motion, weight-bearing and non-weight-bearing, and measurements of the opposite undamaged joint.
- Claimed conditions
- right shoulder impingement, status post rotator cuff repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2018
- Citation
- 18153819
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 18153819.
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 left shoulder degenerative arthritis and right shoulder impingement are rated at 40 percent and 20 percent, respectively. The decision grants these ratings.
- Denied
The Veteran's claim for service connection for sleep apnea was denied as there is no current diagnosis of the condition.,PTSD resulted in reduced reliability and productivity, but did not meet criteria for a higher rating.,Tension headaches did not meet criteria for a higher rating based on characteristic prostrating attacks.,Degenerative arthritis of cervical spine did not meet criteria for a higher rating due to limitation of motion.,Right shoulder impingement did not meet criteria for a higher rating due to limitation of motion.,Left shoulder impingement syndrome, rotator cuff tendonitis, did not meet criteria for a higher rating due to limitation of motion.,IBS manifested as moderate, frequent episodes of abdominal distress and did not meet criteria for a higher rating.
- Dismissed
The Board dismissed the appeal regarding right shoulder impingement due to the appellant's request for withdrawal of the appeal.
- Remanded (sent back)
The Board remands the claims for a right shoulder impingement rating in excess of 20 percent and service connection for a left shoulder disability, as both require additional evidence to be considered.
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