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 whether service connection was granted or denied, as multiple conditions were involved in different claims. The appeal is about the allowance of benefits based on new service connection determinations.
- 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
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 Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Partly granted
The Veteran is granted service connection for migraine headaches secondary to tinnitus, effective April 1, 2021. The claim for an earlier effective date for depressive disorder was denied.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to obtain a VA examination and etiological opinion.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.