The Board has remanded the case due to new evidence submitted by the Veteran, which prevented an earlier denial from becoming final. The claim is now being reconsidered on its merits.
The deciding factor: The Court found that the Veteran submitted new and material evidence within one year of a previous rating decision denying service connection for right shoulder disability, thus vacating the Board's denial and remanding it back for consideration on the merits.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2020
- Citation
- 20067714
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 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Remanded (sent back)
The character of the appellant's uncharacterized discharge is not a bar to the receipt of Department of Veterans Affairs (VA) benefits; to this extent only, the claim is granted.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
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