The Board has determined that new examinations are necessary to properly assess the Veteran's right shoulder and back disabilities, as current examinations did not comply with court guidance regarding flare-ups.
The deciding factor: The VA examinations conducted in July 2019 were inadequate due to failure to elicit information about the severity of flare-ups and functional loss during such events.
- Claimed conditions
- right shoulder (major) tendinitis, degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19177194
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.
- Partly granted
The Board denied the Veteran's claims for increased ratings and service connection, except for separate awards of service connection for left knee instability and right knee instability.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board granted service connection for rhinitis, right hip strain, and left ankle strain but dismissed the claim for sinusitis as moot. The increased rating claim for degenerative disc disease of the thoracolumbar spine was denied.
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