The Board has remanded the Veteran's claims for a right shoulder disability and TDIU due to inadequate examinations, missing records, and issues with duty to assist. The case will be returned to the Board after further development.
The deciding factor: The VA examination was inadequate as it did not adequately explain additional range of motion loss during flare-ups and repetitive use over time. Additionally, there are outstanding private and FAA records that need to be obtained for a complete evaluation.
- Claimed conditions
- Right Shoulder Acromioclavicular Separation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105604
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19105604.
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 shoulder disability was rated at 20 percent from February 5, 2010 to March 15, 2010 and from October 1, 2010. The Board found that the criteria for a higher evaluation were met under Diagnostic Codes 5200-5203.
- Denied
The VA has denied all increased rating claims for the veteran's service-connected disabilities, including right eye cataract, right and left ankle injuries, right and left knee injuries, and right shoulder acromioclavicular separation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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