The Board has determined that the current severity of the Veteran's right shoulder, right knee, and left total knee disabilities cannot be assessed due to a lack of compliance with previous remand directives. The appeal is being returned to the AOJ for further development.
The deciding factor: The Board found that the AOJ failed to comply with previous remand directives regarding obtaining updated VA treatment records and examining the current severity of the Veteran's disabilities as per the holdings in Sharp, Correia, and other relevant cases.
- Claimed conditions
- Right Shoulder Rotator Cuff Tear, AC Joint Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2019
- Citation
- 19154487
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 19154487.
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 appeals for higher ratings on several conditions have been dismissed due to the Veteran withdrawing his appeals.,The Board has not assigned a specific rating or effective date as the claims are being remanded.
- Denied
The Veteran's appeal for an increased rating for his right shoulder disability and scar was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.
- Dismissed
The Board dismissed the appeal of a proposal to reduce the disability rating for right shoulder rotator cuff tear because it was not within the Board's jurisdiction to adjudicate such a non-final decision.
- Granted
The Veteran's service-connected disabilities, including PTSD, GERD, shoulder, hand, and knee conditions, have rendered him unable to secure and maintain substantially gainful employment prior to September 26, 2025.
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