The Veteran's appeal is remanded for consideration of a CUE in the 1971 rating decision and an earlier effective date.
The deciding factor: There was no clear and unmistakable error (CUE) found in the December 1971 rating decision denying service connection, thus the claim must be remanded to consider it again.
- Claimed conditions
- left shoulder scar, left shoulder arthritis and residuals of recurrent dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142392
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 Veteran's service-connected disabilities are of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board remands the claims for service connection for a left shoulder disability and scar due to an inadequate VA examination opinion.
- Partly granted
The Board granted service connection for tinnitus and assigned a separate 10 percent rating from November 27, 2023, for the left shoulder painful scar. The claims for an increased rating for the left shoulder disability and service connection for bilateral hearing loss were denied.
- Partly granted
The Board granted service connection for irritable bowel syndrome (IBS) and hypertension, while denying service connection for asthma, COPD, chronic coughing, sinusitis, and a left shoulder scar. The decision also remanded several other issues for further consideration.
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