The Board remands the issues of entitlement to a rating higher than 20 percent for right shoulder limitation of motion and right shoulder recurrent dislocation due to inadequate examinations.
The deciding factor: Remand is required as the previous examinations did not adequately address the Veteran's functional loss during flare-ups and repeated use over time, in accordance with Mitchell v. Shinseki and Sharp v. Shulkin.
- Claimed conditions
- right shoulder limitation of motion, right shoulder recurrent dislocation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001689
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.
- Remanded (sent back)
The Board remands the issues of entitlement to higher ratings for the Veteran's right shoulder recurrent dislocation due to an inadequate examination report that did not adequately consider all of the Veteran's symptomology associated with his right shoulder dislocation, particularly his functional loss due to pain.
- Partly granted
The Board denied service connection for GERD and various increased rating claims while granting a 30% disability evaluation for IBS with constipation, an effective date of November 12, 2021, for the award of a 20% rating for right shoulder instability, and a 10% rating for painful motion of the right knee.
- Partly granted
The Board denied a compensable rating for the right shoulder scar, and denied ratings in excess of 20 percent for right shoulder limitation of motion, DJD with tendonitis and recurrent dislocation from July 18, 2016 to April 11, 2023. However, it granted a total disability rating based on individual unemployability (TDIU).
- Dismissed
The veteran withdrew all pending appeals, and the Board dismissed the appeals.
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