The Veteran's petition to reopen his previously denied claim for service connection for a right shoulder disorder was received within one year of the December 2009 rating decision. The Board found that no new and material evidence had been submitted, making the August 1984, April 2002, and December 2009 decisions final. The Veteran's claim for service connection for a right shoulder disorder was remanded due to outstanding private treatment records and a need for a VA examination.
The deciding factor: The effective date of the award of service connection for the Veteran’s right shoulder degenerative arthritis is September 1, 2010, as it was received within one year from the December 2009 rating decision. The Board found that no new and material evidence had been submitted to reopen his previously denied claim.
- Claimed conditions
- right shoulder degenerative arthritis, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181773
Veterans Law Judge
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 19181773.
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 for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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