The Veteran is granted a separate 20 percent schedular rating for his chronic left shoulder strain under DC 5202, but the Board finds that an extraschedular rating is not warranted.,The Board remanded the issue of entitlement to an extraschedular rating for the Veteran's service-connected left shoulder strain and bilateral tinnitus. The Director denied these claims in August 2017.,The Veteran seeks an extraschedular rating for his service-connected bilateral tinnitus, but the Board finds that the schedular evaluation adequately contemplates his symptoms.
The deciding factor: The schedular criteria for the Veteran’s left shoulder strain and bilateral tinnitus adequately contemplate his symptoms. The Veteran has not demonstrated an unusual disability picture with related factors such as marked interference with employment or frequent periods of hospitalization.,The Board previously referred the matter to the Director, who denied entitlement to an extraschedular rating for the Veteran's service-connected left shoulder strain and bilateral tinnitus in August 2017. The Board now conducts de novo review of this decision.
- Claimed conditions
- Chronic left shoulder strain, Bilateral tinnitus, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070135
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 service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
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