The Board has denied the Veteran's claims for an effective date earlier than March 10, 2017 for the increased rating of 30 percent for right shoulder impingement syndrome and remanded the issues of entitlement to increased ratings for left and right knee patellofemoral syndrome.
The deciding factor: The Board found that it was not factually ascertainable that the Veteran's right shoulder symptoms warranted an earlier effective date due to lack of evidence showing a factual increase in severity within one year prior to March 10, 2017.
- Claimed conditions
- right shoulder impingement syndrome, left knee patellofemoral syndrome, right knee patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007556
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.
- Granted
The Veteran's service-connected headaches were granted a rating of 50 percent, and she was also granted TDIU, DEA, and SMC for the period from March 27, 2017, to August 20, 2017.
- Partly granted
The Board denied service connection for right shoulder impingement syndrome, allergic rhinitis, bilateral hearing loss, and tinnitus. However, it granted service connection for headaches and remanded the claims for an initial rating in excess of 50 percent for adjustment disorder with mixed anxiety and depressed mood and alcohol use disorder.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for various conditions, including cervical spine disability, numbness of upper extremities, right shoulder impingement syndrome, allergic rhinitis, and scars.
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