The Board has remanded the case due to the need for issuance of a Statement of the Case (SOC) addressing the issues of attorney fees and increased disability rating.
The deciding factor: The decision was not clear on the specific service connection theory, as it only mentioned 'direct' without specifying any other theories like presumptive or secondary.
- Claimed conditions
- right shoulder rotator cuff tendonitis and tear with osteoarthritis, status post rotator cuff repair, depressive disorder, left shoulder tendonitis and osteoarthritis, right lower extremity radiculopathy of the femoral and sciatic nerve, thoracolumbar degenerative arthritis and intervertebral disc syndrome, surgical scars not associated with underlying soft tissue damage (right shoulder), right shoulder surgical scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074353
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (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 20074353.
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.
- Granted
The Veteran's vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
- Remanded (sent back)
The Veteran's claim for service connection for acquired psychiatric disability, including unspecified anxiety disorder, depressive disorder, kleptomania, and PTSD is being remanded due to the AOJ's failure to obtain medical records from his periods of incarceration or a medical opinion regarding his diagnoses.
- Granted
The Veteran was granted service connection for migraine headaches effective August 10, 2022.,The Veteran was granted service connection for depressive disorder effective April 11, 2024.
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