The Board has remanded the Veteran's claims for increased ratings for his right and left shoulder disabilities due to an error in failing to provide notice of a pre-decisional hearing before issuing the January 2020 rating decision.
The deciding factor: The error was in not providing the Veteran with notice of his right to a pre-decisional hearing as required by regulations.
- Claimed conditions
- chronic right shoulder disorder, left shoulder degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2024
- Citation
- A24065399
Veterans Law Judge
Decisions by this judge: 831 · Granted: 48% (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 A24065399.
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.
- Denied
The Veteran's claim for a higher rating for left shoulder degenerative joint disease with glenohumeral joint instability was denied as his disability did not more nearly approximate limitation of motion to 25 degrees from the side.
- Denied
The Veteran's appeals for increased disability ratings and service connection were denied. The Board found that the evidence did not meet the criteria for an increased rating or service connection in all cases.
- Partly granted
The Board denied higher ratings for tinnitus and bilateral hearing loss, granted a 30% rating for hyperacusis from January 31, 2008, and granted SMC based on the need for aid and attendance.
- Denied
The Board denied service connection for the veteran's right shoulder, left shoulder, thoracolumbar spondylosis, cervical spondylosis, and both lower extremity radiculopathies as they were not incurred in or caused by his active service.
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