The Board remands the matter for updated medical records and a new VA examination due to an inadequate June 2018 VA examination report.
The deciding factor: The January 2018 VA examination report was found inadequate as it did not comply with the holding in Sharp v. Shulkin, 29 Veteran. App. 26, 34-36 (2017).
- Claimed conditions
- right shoulder impingement
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002657
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.
- Partly granted
The Board denied a rating in excess of 10 percent for right and left knee chondromalacia prior to August 29, 2020, granted a separate 10 percent rating for right knee instability from July 2, 2018, and denied a compensable rating for right and left knee chondromalacia from August 29, 2020. The Board also denied a rating in excess of 20 percent for right shoulder impingement.
- Denied
The Veteran's service-connected right shoulder impingement and bicipital tendinitis with degenerative changes is currently rated at 20 percent, but the Board found that this rating was not appropriate given the current manifestations of his condition. The appeal was denied.
- Denied
The Board denied an increased rating for the veteran's right shoulder impingement, finding that the current 10 percent rating accurately reflects the severity of the condition.
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