The Board has remanded the case for adjudicating the Veteran's motion for clear and unmistakable error in the October 2003 rating decision that granted service connection for left and right shoulder instability and assigned a 10 percent rating for each shoulder.
The deciding factor: The AOJ must first adjudicate the Veteran’s motion for CUE before the Board can take jurisdiction over it.
- Claimed conditions
- left shoulder instability, right shoulder instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068837
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 denied service connection for GERD and various increased rating claims while granting a 30% disability evaluation for IBS with constipation, an effective date of November 12, 2021, for the award of a 20% rating for right shoulder instability, and a 10% rating for painful motion of the right knee.
- Remanded (sent back)
The Board remands the issues of entitlement to a disability rating in excess of 20 percent for right shoulder instability, limitation of motion associated with right shoulder glenohumeral arthrosis, and TDIU prior to July 11, 2013, due to insufficient evidence regarding range of motion measurements and other factors.
- Denied
The Board denied the veteran's appeal for a rating in excess of 20 percent for his right shoulder disability, as the evidence did not show flexion and/or abduction limited to 45 degrees.
- Remanded (sent back)
The Board has remanded the cases for further development and a new medical opinion. The Veteran's left shoulder mild tendinosis distal subscapularis tendon is unclear, and his right shoulder disability may be related to his service-connected left shoulder disability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.