The Board has remanded the Veteran's claims for service connection and increased evaluation of his right shoulder strain, as well as for service connection for an acquired psychiatric disorder (PTSD).
The deciding factor: The Court found that the Board failed to address whether the Veteran's right ankle symptoms resulted in functional impairment based on factors listed in 38 C.F.R. § 4.40 and 4.45, as well as the retrospective findings warranting an increased rating prior to April 2020.
- Claimed conditions
- Right Shoulder Strain, Acquired Psychiatric Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062689
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 23062689.
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 Veteran's appeal for an earlier effective date for service connection and increased rating for his right shoulder disability was denied. The Board found that the earliest claim for service connection was filed on June 3, 2024, and thus no earlier effective date is warranted.
- Denied
The Board has denied the Veteran's claims for increased ratings for his right and left shoulder strains, finding that the current ratings of 20% are appropriate based on limited motion in both shoulders.
- Granted
The Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms are related to his in-service injury.
- Granted
The Veteran's claim for service connection for right shoulder strain with rotator cuff tendonitis was granted, effective August 19, 2024. The decision is based on the merits of the case and not due to any presumption or new evidence.
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