The Veteran's appeal is remanded due to the need to first adjudicate his claim of whether there was clear and unmistakable error in a previous rating decision denying service connection for a left shoulder disorder. Once that issue is resolved, he will be given an opportunity to submit new evidence to reopen his claim for residuals of a left shoulder injury.
The deciding factor: The Board must defer consideration of the Veteran's petition to reopen his claim due to its inextricably intertwined nature with his challenge to the December 1983 rating decision that denied service connection for a left shoulder disorder.
- Claimed conditions
- left shoulder injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104111
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 service connection for a neck injury, left shoulder injury, and low back injury as the evidence did not support that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Dismissed
The appeal was dismissed due to the Veteran not timely filing a Board Appeal request.
- Partly granted
The Veteran's service connection for a left shoulder injury was granted, while the claims for increased ratings for his left knee injuries were denied.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, left shoulder injury, traumatic brain injury (TBI), and tinnitus due to a need for further development of the record.
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