The Board has remanded the case due to inadequate examination of the Veteran's right shoulder tendonitis, requiring a new examination that addresses additional functional loss during flare-ups and complies with testing requirements.
The deciding factor: The examination reports did not adequately address additional functional loss during flare-ups and did not comply with the testing requirements set forth in 38 C.F.R. § 4.59.
- Claimed conditions
- Right shoulder tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2020
- Citation
- 20005774
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.
- Denied
The Board denied the Veteran's claim for a combined rating of 100 percent for his service-connected disabilities from June 18, 2014, to August 23, 2021.
- Dismissed
The appeal for service connection for bilateral hearing loss and increased ratings for right shoulder tendonitis and right wrist tendonitis has been withdrawn by the Veteran.
- Dismissed
The appeal seeking revision or reversal of the October 10, 2013, rating decision that denied entitlement to an initial disability rating in excess of 10 percent for radiculopathy of the left lower extremity is dismissed. The appeals seeking revision of the October 10, 2013, rating decision that denied entitlement to an initial disability rating in excess of 10 percent for right and left shoulder tendonitis are also denied.
- Denied
The Board denied a rating in excess of 10 percent for degenerative joint disease (DJD) of the lumbosacral spine prior to October 29, 2021, and a total disability rating based on individual unemployability due to service-connected disabilities prior to April 25, 2017.
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