The Veteran's claims for increased ratings for degenerative joint disease of the left and right shoulders, as well as his claim for TDIU based on service-connected disabilities, are being remanded due to inadequate medical examination in the previous rating decisions.
The deciding factor: The VA examiner did not provide sufficient rationale for their opinions regarding functional loss during flare-ups or pain levels without resorting to speculation.
- Claimed conditions
- Degenerative Joint Disease of the Left Shoulder, Degenerative Joint Disease of the Right Shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2019
- Citation
- 19117281
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (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 19117281.
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 Board has determined that the Veteran's current obstructive sleep apnea is proximately due to his obesity, which was caused by his service-connected degenerative joint disease of the left shoulder, left knee degenerative joint disease, and right knee degenerative joint disease. As such, service connection for obstructive sleep apnea as secondary to these conditions has been granted.
- Remanded (sent back)
The Veteran is granted a disability rating of 50 percent for his right shoulder disability beginning October 28, 2014. The issues of entitlement to higher ratings prior to and after this date are remanded.
- Remanded (sent back)
The Veteran's claims for an increased rating for his left shoulder disability and TDIU are being remanded due to the need for additional medical examination and development of evidence. The Veteran is also reminded that he must cooperate with VA by submitting completed forms and providing relevant information.
- Denied
The Veteran's claim for a rating in excess of 40 percent for his service-connected right shoulder disability prior to March 11, 2022 is denied. The claim for TDIU prior to October 17, 2014 is also denied.
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