The Board remands the claims for an increased disability rating in excess of 40 percent for lumbar sprain/strain, status post L5-S1 decompression and fusion surgery and in excess of 20 percent from December 2, 2011 to June 6, 2018 and in excess of 40 percent from June 7, 2018 for right shoulder degenerative joint disease with rotator cuff tear and labral tear including superior labral anterior-posterior lesion.
The deciding factor: Remand is warranted due to the need for additional evidence and examination to clarify the current severity of the Veteran's disabilities.
- Claimed conditions
- lumbar sprain/strain, status post L5-S1 decompression and fusion surgery, right shoulder degenerative joint disease with rotator cuff tear and labral tear including superior labral anterior-posterior lesion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001282
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.