The Board remands the claims for a new VA examination to correct duty to assist errors that occurred prior to the April 2022 rating decision on appeal.
The deciding factor: The December 2021 and March 2022 VA examinations are not adequate as they do not reconcile findings with previous examinations, necessitating a new evaluation.
- Claimed conditions
- right shoulder rotator cuff tear with degenerative arthritis, status post rotator cuff surgery, right distal fibular fracture with degenerative arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068088
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.
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.