The Veteran's appeal for a higher rating for left shoulder impingement syndrome with rotator cuff tendonitis is denied.,The Veteran's appeals for increased ratings for his bilateral knee disabilities are remanded.,The Veteran's appeal for a higher rating for migraines prior to September 24, 2019 is remanded.,The Veteran's appeal for TDIU is remanded.
The deciding factor: The evidence does not show that the Veteran’s left shoulder disability more nearly approximates limitation of motion of the arm to 25 degrees from side. The preponderance of the evidence is against a higher rating.,The VA examination report for the Veteran's bilateral knee disabilities was incomplete and did not provide accurate measurements or information regarding flare-ups, which are necessary for an adequate assessment of his disability.,The Veteran’s migraines were rated at 30 percent prior to September 24, 2019. The RO incorrectly regarded this grant as a full grant of benefits, leaving the issue of entitlement to higher ratings prior to that date unresolved.,The Veteran was not provided with an opportunity to complete VA Form 21-8940 for TDIU and the form did not include discussion of TDIU or his employment status.
- Claimed conditions
- left shoulder impingement syndrome with rotator cuff tendonitis, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2020
- Citation
- 20079233
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 20079233.
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.
- Dismissed
The Veteran's appeals for increased disability ratings for his left knee patellofemoral pain syndrome and left ankle condition have been dismissed due to the withdrawal of the appeal by the Veteran's representative.
- Granted
The Board has granted service connection for left knee patellofemoral pain syndrome, finding that the condition began during service and is not due to any in-service aggravation.
- Granted
The Veteran's service-connected disabilities have resulted in loss of use of both feet, which qualifies her for an allowance for an automobile and adaptive equipment.
- Dismissed
The Board has dismissed the Veteran's appeals regarding increased disability evaluations for right knee patellofemoral pain syndrome and left hand ring finger as he withdrew his appeal prior to a decision being made.
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