The Board remands the claims for an initial rating in excess of 20 percent for right and left shoulder disabilities due to a procedural error regarding notice of the Veteran's right to a hearing before the Regional Office.
The deciding factor: Remand is required to correct an error by the Agency of Original Jurisdiction (AOJ) in satisfying a regulatory duty pursuant to 38 C.F.R. § 20.802(a).
- Claimed conditions
- right shoulder strain, left shoulder impingement with rotator cuff tear and acromioclavicular (AC) joint osteoarthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070608
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 Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Partly granted
The Board granted an effective date of February 7, 2020, for the award of a 70 percent rating for unspecified depressive disorder and TDIU, but denied earlier effective dates for other conditions.
- Dismissed
The Veteran withdrew his appeal, and there are no allegations of error for appellate consideration.
- Granted
The Board granted service connection for left shoulder strain, right shoulder strain, early osteoarthritis of the left and right hips (secondary to a service-connected knee disability), and right and left ankle strains (secondary to a service-connected knee disability).
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