The Veteran's claim for an increased disability rating for his left shoulder disability is being remanded due to the need for a new VA examination to assess the current severity of his condition and ensure that it meets the requirements set forth in DeLuca, Mitchell, Correia, and Sharp v. Shulkin.
The deciding factor: The Veteran's claim requires additional evidence from a VA examiner to determine the current severity of his left shoulder disability and whether it meets the criteria for increased ratings as outlined by CAVC decisions.
- Claimed conditions
- left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000418
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 22000418.
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 is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Dismissed
The Board has dismissed the appeals for service connection for rhinitis, dizziness, leg muscle pain, asthma, cervical strain as secondary to a low back condition, and left shoulder due to the appellant's withdrawal of these appeals.
- Dismissed
The Veteran's appeals for higher disability ratings and service connection were withdrawn, and the appeal concerning a deferred evaluation for left ear hearing loss was dismissed due to a claims-processing error.
- Granted
The Board has granted service connection for the Veteran's neck, back, shoulder, hip, and knee disabilities, finding that these conditions are related to his active military service.
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