The Veteran's right shoulder disability is currently rated at 40 percent, and the Board has determined that an increase to a higher rating is not warranted. The case is being remanded for consideration of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).
The deciding factor: The Veteran’s current evaluation under Diagnostic Code 5201 does not meet the criteria for a higher evaluation due to his right shoulder disability, as it is currently rated at the highest available schedular rating.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 24, 2019
- Citation
- 19106037
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.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Remanded (sent back)
The character of the appellant's uncharacterized discharge is not a bar to the receipt of Department of Veterans Affairs (VA) benefits; to this extent only, the claim is granted.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
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