The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his right shoulder disability and for TDIU due to service-connected disabilities. The claims are being remanded because the March 2020 VA examination report did not comply with the holding in Correia v. McDonald, 28 Vet. App. 158 (2016), and there were pre-decisional duty-to-assist errors regarding obtaining private treatment records.
The deciding factor: The March 2020 VA examination report did not comply with the holding in Correia v. McDonald, 28 Vet. App. 158 (2016), which requires VA examinations to include joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing.
- Claimed conditions
- right shoulder rotator cuff tear, acromioclavicular joint osteoarthritis, calcific tendinitis, superior labral degeneration
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2022
- Citation
- A22021676
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 A22021676.
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 Veteran's right shoulder disorder and right knee strain are being remanded for further examination to determine if they are caused or aggravated by his service-connected internal derangement of the left knee, considering whether obesity is a substantial factor in their development.
- Denied
The Board denied the Veteran's claim for service connection for a right shoulder disorder, finding no evidence linking his current condition to military service or any service-connected disability.
- Remanded (sent back)
The Board has remanded the claims for right knee strain, left shoulder rotator cuff tear, and right shoulder rotator cuff tear due to inadequate medical opinions in the November 2020 rating decision. The VA is required to obtain an addendum opinion from a clinician to determine if these conditions are related to service.
- Granted
The Board has granted service connection for right shoulder rotator cuff tendonitis, acromioclavicular joint osteoarthritis, and bursitis (right shoulder) disability, as well as lumbosacral strain. The Veteran's left pinky finger status post fracture is denied an initial compensable rating.
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