The Board has remanded the claims for a new VA examination to determine the severity of the Veteran's right shoulder disability prior to May 30, 2014, and from May 30, 2014, to the present. The examiner must consider the Veteran’s lay statements and previous VA examinations and post-service treatment records.
The deciding factor: The Board found that the August 2019 VA examination did not comply with the requirements of Correia v. McDonald and Sharp v. Shulkin for testing range of motion in active motion, passive motion, weight-bearing, and non-weight-bearing, as well as soliciting information about pain on motion and flare-ups.
- Claimed conditions
- Traumatic arthritis of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2020
- Citation
- 20062644
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20062644.
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 a 40 percent rating for L4-L5 space narrowing degenerative arthritis prior to January 14, 2025, and denied higher ratings for the other conditions.
- Granted
The Veteran's initial ratings for shoulder and elbow residuals of a right brachial plexus injury, hand and wrist residuals of a right brachial plexus injury, and traumatic arthritis of the right shoulder have been upheld. The Veteran is now rated at 70 percent for hand and wrist residuals of a right brachial plexus injury from March 15, 2016.
- Partly granted
The Veteran's lumbar spine disability has been rated as 60 percent for IVDS with pronounced symptoms, including sciatic neuropathy and demonstrable deformity of a vertebral body. The right shoulder arthritis is not entitled to an increased rating.,The left shoulder arthritis warrants a separate 10 percent rating.
- Granted
The Veteran's right shoulder traumatic arthritis is rated at 60 percent, the maximum schedular rating available.
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