The Veteran's disability ratings for his left shoulder, left knee, and right knee conditions were reduced or increased. The reduction of the left shoulder rating from 20% to 10% was not proper due to lack of sustained improvement in function under ordinary conditions of life and work. The case is remanded for further examination and consideration.
The deciding factor: The evidence did not show sustained improvement in the Veteran's ability to function under ordinary conditions of life and work, leading to a finding that the reduction was improper.
- Claimed conditions
- left shoulder labial tear, left knee patellofemoral syndrome, right knee patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 1, 2019
- Citation
- 19182804
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.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Remanded (sent back)
The Board remands the case for further development and readjudication of the veteran's claims.
- 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.
- Denied
The Board denied the Veteran's claims for increased ratings and earlier effective dates for service connection for right and left knee patellofemoral syndrome, finding that the evidence did not support a rating higher than 10 percent or an earlier effective date.
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