The Board remands the issue of entitlement to a rating in excess of 30 percent from December 1, 2017 to November 1, 2019, and a compensable rating thereafter, for right shoulder glenohumeral joint instability for further development and readjudication.
The deciding factor: The Board finds that the increased rating claim was part of the Veteran's legacy claim and should have been addressed in the January 2024 decision, but was mistakenly not addressed due to an error in the review process.
- Claimed conditions
- right shoulder glenohumeral joint instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- 24033205
Veterans Law Judge
Decisions by this judge: 749 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24033205.
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 an increased rating for right shoulder disability was dismissed because the issue is already pending in another system.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient evidence, and a VA examination is needed.
- Dismissed
The Board has dismissed the appeals for a higher rating for service-connected right shoulder disability and TDIU as these matters were already decided by the Board in August 2023.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.