The Veteran's right shoulder and back disabilities are being remanded for new examinations to determine their current severity, as the previous examinations did not fully satisfy the requirements of Correia v. McDonald (2016) and Sharp v. Shulkin (2017).
The deciding factor: The Board finds that the previous VA examinations were incomplete in terms of meeting the requirements set forth by recent court decisions regarding musculoskeletal disabilities.
- Claimed conditions
- Right Shoulder Impingement Syndrome, Rotator cuff tear, Chronic Lumbosacral Strain/Sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2019
- Citation
- 19139220
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (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 19139220.
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 Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Granted
The Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms are related to his in-service injury.
- Remanded (sent back)
The Veteran's claim for an increased evaluation of his right shoulder disability is being remanded due to a duty to assist error. The Board will provide the Veteran with another VA examination to assess the severity and manifestations of his service-connected right shoulder impingement syndrome, bicipital tendonitis, rotator cuff tear, tendonitis, and degenerative arthritis.
- Granted
The Veteran's right shoulder disorder was denied service connection initially, but new evidence received after the March 2008 rating decision is relevant to this issue. The Board finds that a current diagnosis for right shoulder impingement syndrome exists and that it did not have its onset during service or otherwise be related to service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.