The claims for higher ratings and service connection are being remanded due to the need for additional development, including scheduling a VA examination.
The deciding factor: The Board found that there was not substantial compliance with previous remand instructions and thus requires further development, specifically another VA examination.
- Claimed conditions
- chronic tendinopathy, degenerative arthrosis of the right shoulder, pinched nerve
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20004194
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 claim of service connection for a back disability was reopened based on new and material evidence, but the appeal for service connection for a pinched nerve to include as secondary to a back disability is remanded.
- Remanded (sent back)
The Board has determined that new evidence received after the April 2002 denial warrants readjudication of the claim for service connection for a back disability. The Veteran's left lower extremity radiculopathy is inextricably intertwined with this issue and must be remanded.
- Remanded (sent back)
The Board has remanded the cases due to an inadequate examination and a need for clarification of the location of the retained foreign body (RFB) in the Veteran's right buttocks. The Veteran is seeking service connection for his current hip disability and pinched nerve, which he claims are related to his service-connected shrapnel wound with RFB.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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