The Board remands the claims for initial disability ratings in excess of 20 percent for right shoulder osteoarthritis and left shoulder osteoarthritis, and in excess of 10 percent for right ankle osteoarthritis and left ankle osteoarthritis to ensure compliance with previous remand instructions.
The deciding factor: The Board finds that the AOJ has not substantially complied with the December 2023 remand directives due to a lack of proper notice to the Veteran regarding scheduled VA examinations.
- Claimed conditions
- right shoulder osteoarthritis, left shoulder osteoarthritis, right ankle osteoarthritis, left ankle osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- 24033363
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 granted an earlier effective date of September 27, 2023, for the award of service connection for left ankle osteoarthritis and remanded a claim for a higher disability evaluation.
- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities and basic eligibility for Dependents' Educational Assistance beginning November 19, 2015.
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