The Veteran's right shoulder disability is rated at the maximum schedular rating of 40 percent, which is the highest possible rating for limitation of motion of the arm. The Veteran's impairment of the right clavicle or scapula warrants a separate 20 percent rating under Diagnostic Code 5203.,The Veteran's respiratory disability of the nose and throat, including rhinitis and sinusitis, is remanded due to insufficient medical opinion regarding its onset in service or relation to an in-service injury.
The deciding factor: The Veteran's right shoulder disability has reached the maximum schedular rating under Diagnostic Code 5201. The impairment of the right clavicle or scapula warrants a separate 20 percent rating due to dislocation.,There is insufficient medical opinion regarding whether the Veteran's respiratory disability had its onset in service or is related to an in-service injury.
- Claimed conditions
- right shoulder disability, impairment of the right clavicle or scapula, respiratory disability of the nose and throat, including rhinitis and sinusitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2023
- Citation
- 23004372
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 23004372.
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.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, right knee disability, right shoulder disability, and tinnitus to correct pre-decisional duty to assist errors.
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