The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to incomplete adjudication of his claims, including a lack of consideration of new evidence submitted prior to the expiration of the appeal period. The issues include bilateral knee disability, left shoulder disability, lumbar spine degenerative arthritis, IVDS, radiculopathy in both lower extremities, and TDIU.
The deciding factor: The Board found that there was a failure to consider new and material evidence submitted prior to the expiration of the appeal period, which resulted in incomplete adjudication of the Veteran's claims for service connection and increased ratings.
- Claimed conditions
- Bilateral Knee Disability, Left Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2023
- Citation
- 23041320
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 23041320.
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 claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Veteran's claim for an effective date before April 1, 2018 for a 20% rating for left shoulder disability was denied. The appeal also resulted in the assignment of a 20% rating from April 1, 2018 to March 31, 2018, and a TDIU granted from April 1, 2018 to September 3, 2025.
- Denied
The Board denied the Veteran's claim for an extension of a temporary total rating for his left shoulder disability, finding that he did not require convalescence beyond August 31, 2011 following his surgery.
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.