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
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient evidence in some cases, and a new VA examination is needed.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss due to the lack of a current disability. The appeal is remanded for further examination and medical opinions regarding spine disorder, infectious mononucleosis, left shoulder instability, right shoulder instability, and right lower extremity pain.
- 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.
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