The Veteran's claims for increased ratings for his left shoulder and lumbar spine disabilities are being remanded due to the need for additional examinations.
The deciding factor: The VA is required to schedule the Veteran for examinations to determine the current severity of his service-connected conditions, as he has alleged that his symptoms have worsened since previous evaluations.
- Claimed conditions
- left shoulder dislocation with impingement syndrome, tendonitis, lumbar spine degenerative disc and joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19126614
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 shin splints, tendonitis, headaches, and sleep apnea as there was no evidence of current disabilities related to the appellant's military service.
- Partly granted
The Board denied service connection for tendonitis and remanded claims for sleep apnea, asthma, an acquired psychiatric disorder, and a penile disorder.
- Dismissed
The appeal for increased evaluations of the Veteran's right knee disabilities and service connection for a right shoulder condition was dismissed due to an impermissible concurrent election in the review process.
- Partly granted
The Board granted service connection for cervical, thoracic, and lumbar spine disabilities, bilateral pes planus and plantar fasciitis, tinnitus, chronic sinusitis, allergic rhinitis, digestive disabilities including irritable bowel syndrome with abdominal pain and nausea, pelvic organ disabilities, iron deficiency anemia, and genital herpes. Service connection was denied for acne, tendonitis, fibromyalgia, painful joints, left shin splints, right shin splints, left ankle condition, right ankle condition, left carpal tunnel syndrome, right carpal tunnel syndrome, respiratory infection, GERD, PTSD, anxiety condition, manic-depressive reaction, and psychiatric disorder other than unspecified depressive disorder with symptoms of suicidal ideation. An initial 50% rating was granted for the service-connected unspecified depressive disorder.
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