The Veteran's appeal is remanded due to a duty to assist error regarding the severity of his service-connected myofascial pain syndrome and its relationship to his shoulder condition. The Board requests a retrospective opinion from an appropriate clinician.
The deciding factor: There was a duty to assist error in obtaining a retrospective opinion addressing the severity of the Veteran's service-connected myofascial pain syndrome since July 2009, which is rated under Diagnostic Code 5009 for arthritis, other types.
- Claimed conditions
- Degenerative arthritis with right myofascial pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2024
- Citation
- A24026600
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 A24026600.
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.
- Dismissed
The Veteran's appeal for a higher disability rating for degenerative arthritis with right myofascial pain syndrome was dismissed because it was considered a prohibited concurrent election.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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