The Board has denied a rating in excess of 20 percent for the Veteran's right shoulder disability and has remanded the issue of service connection for his neurocognitive/psychiatric disorder. The issues have been remanded due to duty-to-assist errors.
The deciding factor: There were duty-to-assist errors with respect to the psychiatric examination, which was not addressing the etiology of the Veteran's acquired psychiatric disability.
- Claimed conditions
- Right (major) shoulder disability, Neurocognitive/psychiatric disorder (claimed as memory loss), to include an adjustment disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2024
- Citation
- A24037454
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 A24037454.
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 Veteran's right shoulder disability was granted a rating of 40 percent effective August 22, 2019. The previous period from April 28, 2017 to August 21, 2019 had a rating of 20 percent.
- Denied
The Veteran's right shoulder disability was rated at 30 percent from February 27, 2003 to February 8, 2009.
- Denied
The veteran's claims for increased rating, total disability based on individual unemployability, and temporary total rating due to convalescence from surgery were all denied by the RO.
- 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.
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