The Board remands the claims for a higher rating of the right and left shoulder disabilities to correct duty to assist errors.
The deciding factor: Remand is necessary due to deficiencies in the VA examination report, including lack of range of motion testing in weight-bearing and nonweight-bearing positions, and an inadequate explanation regarding functional impairment.
- Claimed conditions
- Right shoulder disability, Left shoulder disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24072112
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 the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Granted
The Board granted a 10 percent disability rating for osteoarthritis of the right hand and service connection for a left shoulder disability.
- Partly granted
The Board granted service connection for a right knee disability and PTSD, remanded several claims including those for a left knee disability, right shoulder disability, hypertension, craniomandibular disorder, and a compensable rating for residuals of a right femur fracture.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
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