The Board has remanded the case due to incomplete development of records, specifically quality assurance and nurses' notes related to the Veteran's August 2008 left shoulder surgery. The AOJ is required to obtain these records and determine if they contain any information that could support or refute the Veteran's claim for compensation under 38 U.S.C. § 1151.
The deciding factor: The Board found that additional medical records, particularly those related to quality assurance reviews and nurses' notes from the August 2008 surgery, are needed to fully evaluate the Veteran's claim.
- Claimed conditions
- left shoulder surgery residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2023
- Citation
- 23063982
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 23063982.
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.
- Remanded (sent back)
The Veteran's left shoulder disability is currently rated at 20 percent, and the Board has found that the VA examination conducted in April 2019 was inadequate. The Veteran needs a new VA examination to determine if his disability meets or approximates ankylosis.
- Remanded (sent back)
The Board has determined that the claim for payment of non-VA care on April 5, 2020 should be remanded due to errors in notification and review process. The appeal will now consider whether the claim should have been reviewed under section 1703 or 1728.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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