The Veteran's application to reopen claims for right shoulder rotator cuff tear and gastrointestinal disability (including duodenitis or GERD) has been granted. The claim for diabetes mellitus type II remains denied.,The Board found new evidence related to the Veteran’s service connection claims, including a VA examination linking his current right shoulder condition to in-service injury. However, the denial of diabetes mellitus type II due to lack of exposure to herbicide agents and insufficient medical nexus.
The deciding factor: The March 2011 VA examiner's opinion was based on an inaccurate factual premise regarding the Veteran’s treatment history.
- Claimed conditions
- right shoulder rotator cuff tear, diabetes mellitus type II (DMII), gastrointestinal disability to include duodenitis or GERD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081952
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 Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for sleep apnea, left shoulder bicipital tendon tear, hypogonadism, erectile dysfunction, and left carpal tunnel syndrome. The claims for increased ratings for lumbar spondylosis with facet arthropathy and lumbosacral strain, right hip strain with osteoarthritis, other specified trauma and stressor related disorder, left and right ankle lateral collateral ligament sprain, right shoulder rotator cuff tear, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome (to include iliotibial band syndrome), and chronic right wrist sprain were denied. The Board also granted an effective date of July 7, 2023 for the award of increased ratings.
- Partly granted
The Board granted earlier effective dates for service connection of focal mild squamous epithelial dysplasia and condylomatous changes with atypical squamous metaplasia post total abdominal hysterectomy, gallbladder cholecystectomy, cholecystectomy scar, hypothyroidism, and special monthly compensation (SMC) based on anatomical loss of creative organ. Service connection for diabetes mellitus type II (DMII) and anemia was also granted.
- Remanded (sent back)
The Board remands the claims for service connection for left and right shoulder rotator cuff tears due to a pre-decisional duty to assist error regarding the Veteran's complete service treatment records.
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.