The Board remands the matters for additional development, including scheduling updated VA examinations and verifying the Veteran's contact information.
The deciding factor: There was not substantial compliance with the previous remand instructions due to a lack of notification to the Veteran regarding scheduled examinations.
- Claimed conditions
- status post-surgical scar(s) of the right shoulder associated with right shoulder impingement syndrome with labral tear, including superior labral anterior-posterior lesion, glenohumeral joint osteoarthritis, and dislocation, painful scar status post-surgery of the right shoulder associated with right shoulder impingement syndrome with labral tear, including superior labral anterior-posterior lesion, glenohumeral joint osteoarthritis, and dislocation, shoulder impingement syndrome with labral tear, including superior labral anterior-posterior lesion, glenohumeral joint osteoarthritis, and dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002661
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 Board granted service connection for a left shoulder disability and a right shoulder disability, finding that the Veteran's bilateral shoulder disabilities are causally linked to his in-service injuries sustained during active duty for training.
- Partly granted
The Board granted an effective date of August 26, 2020, for a 20 percent disability rating and denied a higher rating during the appeal period.
- Denied
The Board denied service connection for right shoulder pain as the evidence did not support a nexus between the Veteran's condition and his active military service.
- Denied
The Board denied the veteran's request for a higher disability rating for both left shoulder and left elbow disabilities.
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