The Veteran's claim for an increased rating for left shoulder degenerative arthritis was denied. The Board has remanded the case to consider service connection for an acquired psychiatric disorder due to a duty to assist error.
The deciding factor: The Veteran did not undergo a VA examination to determine the nature and etiology of his claimed acquired psychiatric disorders, which constitutes a pre-decisional duty to assist error.
- Claimed conditions
- Left Shoulder Degenerative Arthritis, Acquired Psychiatric Disorder (including Posttraumatic Stress Disorder (PTSD), Depression, Anxiety and Stressor-Related Disorder)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2023
- Citation
- A23035416
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 A23035416.
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.
- Granted
The Board granted initial disability ratings of 30 percent for irritable bowel syndrome, 10 percent for chronic sinusitis, 50 percent for tension headaches, and 30 percent for left shoulder degenerative arthritis.
- Denied
The Board denied the claim for a total disability rating based on individual unemployability due to service-connected disabilities, including Reiter's Syndrome, from December 11, 2001.
- Remanded (sent back)
The Board has determined that the Veteran's left shoulder scar does not meet the criteria for a compensable rating. The claims of increased ratings for left shoulder degenerative arthritis, external hemorrhoids, and entitlement to TDIU are being remanded due to the need for additional development.
- 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.
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