The appeal for an increased disability rating in excess of 20 percent for the Veteran's service-connected right shoulder condition is remanded to obtain a new VA examination that adequately considers the Veteran's flare-ups.
The deciding factor: The Board erred when it relied on an inadequate November 2016 VA examination to deny a rating in excess of 20% for the appellant's service-connected right shoulder condition, as the examiner failed to portray the functional loss due to flare-ups in terms of degree of additional range of motion loss.
- Claimed conditions
- right shoulder impingement syndrome with bicipital tendon tear, rotator cuff tear, and degenerative arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000278
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.
- Denied
The Board denied the veteran's claim for service connection for a right shoulder disorder, including bicipital tendon tear, rotator cuff tear, and tendinosis, as there was no evidence of an in-service injury or chronicity of symptoms to support a direct link between the current condition and active duty.
- Remanded (sent back)
The Board remands the appeal to the agency of original jurisdiction for a medical opinion on the nature and etiology of any right shoulder disorder.
- Granted
The Board granted an initial rating of 40 percent for the Veteran's right shoulder disability, which is the maximum schedular rating.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a right shoulder disability to obtain a medical opinion regarding whether it is related to his service-connected left shoulder disability.
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