The Veteran's service-connected left shoulder rotator cuff tear with acromioclavicular joint osteoarthritis, and bilateral knee disabilities are being remanded for further evaluation due to the lack of range of motion assessment during a period of repetitive use.
The deciding factor: The VA examinations did not include an assessment of functional loss due to repetitive use or flare-ups, which is necessary to determine the severity of the Veteran's service-connected conditions.
- Claimed conditions
- left shoulder rotator cuff tear, acromioclavicular joint osteoarthritis, left knee patellofemoral syndrome, right knee patellofemoral syndrome and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004427
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 granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Veteran's service connection for left shoulder strain, labral tear, acromioclavicular joint osteoarthritis, and tendinitis was granted, while the effective date prior to November 11, 2023, for migraine headaches was denied.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- 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.
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