The Veteran's claims for higher initial disability ratings for his service-connected left shoulder strain, right knee sprain, and left ankle sprain are being remanded due to inadequate VA examination reports. The VA examinations did not include estimates of the functional impact of flare-ups.
The deciding factor: The VA examinations were found to be inadequate as they did not provide information regarding the severity, frequency, and duration of any flare-ups, which is necessary for determining the extent of additional functional loss during such episodes.
- Claimed conditions
- left shoulder strain, right knee sprain, left ankle sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070444
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 Veteran's service connection for left shoulder strain, labral tear, acromioclavicular joint osteoarthritis, and tendinitis was granted, while the effective date prior to November 11, 2023, for migraine headaches was denied.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
- Remanded (sent back)
The Board remands the claims for an increased rating and TDIU due to a pre-decisional duty-to-assist error regarding SSA records.
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