The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's left shoulder disorders. The examiner must consider the Veteran's lay reports and presume he was sound on entry into service.
The deciding factor: The VA examiner failed to clearly explain why the Veteran’s lay statements were insufficient to support the claim, leading to non-compliance with previous remand directives.
- Claimed conditions
- left shoulder dislocations, left shoulder degenerative joint disease, rotator cuff tear, bursitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2020
- Citation
- 20071920
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.
- Denied
The Board denied the veteran's claim for service connection for a right shoulder disorder, including bicipital tendon tear, rotator cuff tear, and tendinosis, as there was no evidence of an in-service injury or chronicity of symptoms to support a direct link between the current condition and active duty.
- Remanded (sent back)
The Board remands the appeal to the agency of original jurisdiction for a medical opinion on the nature and etiology of any right shoulder disorder.
- Partly granted
The Board denied higher ratings for tinnitus and bilateral hearing loss, granted a 30% rating for hyperacusis from January 31, 2008, and granted SMC based on the need for aid and attendance.
- Partly granted
The Veteran's service connection for migraine headaches was granted as secondary to his service-connected disabilities, while other conditions were denied.
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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.