The Board has remanded the Veteran's claims for increased disability ratings due to procedural errors and the need for additional medical opinions regarding the severity of his left shoulder, right hip, and lumbar spine disabilities.
The deciding factor: There were procedural issues that required further action by the AOJ, including obtaining retrospective medical opinions and addressing coding sheet discrepancies.
- Claimed conditions
- Left Shoulder Limitation of Motion with Arthritis, Right Hip Limitation of Motion with Arthritis, Traumatic Arthritis of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2023
- Citation
- 23050381
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 23050381.
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 Veteran's PTSD is granted at a rating of 70 percent, but no higher. The right inguinal hernia and left index finger fracture are both denied as not compensable.
- Denied
The Veteran's traumatic arthritis of the lumbar spine was evaluated at a 20 percent rating since February 1, 2008. The disability is currently manifested by forward flexion to no less than 35 degrees, accounting for pain on motion and after repetition; no ankylosis; and no incapacitating episodes.
- Denied
The Veteran's lumbar spine disability was rated at 40 percent prior to February 1, 2008. The Board found that the evidence did not meet the criteria for a higher rating as there was no unfavorable ankylosis of the entire thoracolumbar spine.
- Denied
The Board found that the Veteran's left knee disability did not have its clinical onset in service, was not due to or aggravated by a service-connected disability, and is not presumed to be related to service. The Veteran's lumbar spine disability was also denied as it was determined to be unrelated to service.
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