The Board remands the claims for a rating in excess of 20 percent for the service-connected left shoulder disorder and cervical radiculopathy of the left upper extremity, to include on an extraschedular basis.
The deciding factor: The examination reports are inadequate due to inconsistencies with the Veteran's reported symptoms during flare-ups and failure to address weight-bearing and nonweight-bearing criteria. Additionally, the Board finds that extraschedular consideration is warranted for the cervical radiculopathy of the left upper extremity due to marked interference with sleep.
- Claimed conditions
- Left shoulder disorder, Cervical radiculopathy of the left upper extremity, to include carpal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000187
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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