The Board has determined that the Veteran's right shoulder condition is not presumed to have existed prior to service, and thus must be evaluated on a direct service connection basis. The VA examiners' opinions are based on inaccurate factual premises and require further clarification.
The deciding factor: VA examiners' opinions were based on incorrect assumptions about pre-service conditions and the Veteran's history of shoulder pain in service.
- Claimed conditions
- right shoulder condition, right rotator cuff and labral tears, superior labral anterior posterior lesion (SLAP), degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132896
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 requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Remanded (sent back)
The Board remands the claims for service connection for back, left wrist, left and right knee, and left and right shoulder conditions due to missing personnel records and an inadequate VA medical opinion.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions, including left and right leg, arm, knee, shoulder, kidney, plantar fasciitis, and back conditions, as further development is needed to address pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder conditions as new and relevant evidence was not submitted since the April 2005 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.