The Board remands the claims for increased ratings for the Veteran's right and left shoulder disabilities to correct an error in failing to provide notice of the right to a pre-decisional hearing.
The deciding factor: The AOJ failed to notify the Veteran of his right to a pre-decisional hearing, which is required by regulation.
- Claimed conditions
- chronic right shoulder disorder, diagnosed as chronic arthritis changes and tendonitis, left shoulder degenerative joint disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2024
- 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.
- 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.
- Remanded (sent back)
The Board remands the claim for special monthly compensation based on the need for aid and attendance due to conflicting information regarding the Veteran's ability to perform daily activities.
- Denied
The Board denied service connection for various musculoskeletal disorders and granted a total disability rating based on individual unemployability due to the Veteran's service-connected disabilities.
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