The Board has reopened the claim of service connection for a right shoulder disability due to new evidence showing current diagnoses. The case is now remanded for further examination and opinion regarding the etiology of any current right shoulder disability.
The deciding factor: New evidence shows current diagnoses, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- Right Shoulder Sprain, Impingement Syndrome, Rotator Cuff Tear
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107762
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (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 19107762.
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.
- Dismissed
The Veteran's appeal for increased ratings for his left shoulder disability and bilateral hearing loss has been dismissed due to the Veteran requesting to withdraw the appeal for left shoulder scars.,For the period on appeal, the Veteran's left shoulder disability is manifested by limitation of motion at shoulder level with flexion and/or abduction limited to 90 degrees. The Veteran's other impairment of humerus did not manifest by fibrous union, nonunion, or loss of head.
- Denied
The Veteran's claim for an earlier effective date for TDIU was denied as the criteria for a TDIU were not met prior to September 30, 2019.
- Denied
The Veteran's claim for an increased rating in excess of 30 percent for his right shoulder disability was denied. The VA determined that the Veteran's condition, which includes strain, impingement syndrome, labral tear, and osteoarthritis, is currently manifested by limitation of motion to 45 degrees (midway between side and shoulder level), warranting a 30 percent rating.
- Partly granted
The Board granted service connection for obstructive sleep apnea but denied service connection for an acquired psychiatric disability and increased evaluations for upper extremity radiculopathy and right shoulder sprain.
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