The Veteran's left shoulder dislocation is currently rated at 40 percent, but the Board finds it does not meet the criteria for a higher rating under any applicable diagnostic codes.,For his right shoulder bankart report (minor), an adequate VA examination is needed to assess the current level of disability.
The deciding factor: The Veteran's left shoulder dislocation currently meets the criteria for a 40 percent rating, as there is no evidence of unfavorable ankylosis or fibrous union of the humerus. The Board finds that higher ratings are not warranted under any applicable diagnostic codes.,For his right shoulder bankart report (minor), the current VA examination did not perform repetitive use testing and provided limited functional ability estimates based on the Veteran's lay descriptions, which is insufficient for adjudicative purposes.
- Claimed conditions
- Left Shoulder Dislocation, Lumbar Spine Spondylosis, Femoral Nerve Impairment Radiculopathy of the Left Lower Extremity, Sciatic Nerve Impairment Radiculopathy of the Left Lower Extremity, Residual Scar of Dorsal Column Stimulator
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2022
- Citation
- 22048978
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 22048978.
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 has remanded the claims of service connection for right shoulder dislocation and left shoulder dislocation due to a lack of a VA examination and medical opinion in connection with these claims.
- Denied
The Board denied service connection for the Veteran's left shoulder disability, finding that there was no increase in severity of the preexisting condition during service and thus not meeting the criteria for direct service connection.
- Dismissed
The Veteran's TDIU claim from May 4, 2016, to July 24, 2017, is dismissed as moot because he was already receiving a 100% disability rating for PTSD. The SMC claim prior to July 25, 2017, is also dismissed due to the Veteran's other service-connected disabilities not meeting the required criteria.
- Remanded (sent back)
The Board has remanded the Veteran's claims for further development due to inadequate examination reports. The claims include right shoulder Bankart repair, lumbar spine spondylosis, sciatic nerve impairment radiculopathy of the left lower extremity, femoral nerve impairment radiculopathy of the left lower extremity, and residual scar of dorsal column stimulator.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.