The Veteran's motion to revise a final rating decision for his right shoulder strain was denied due to the absence of clear and unmistakable error. The Board found that the January 2013 rating decision correctly applied existing regulations, resulting in a 10% disability rating which is not CUE. For the unspecified trauma and stressor-related disorder claim, the Board found there has been a pre-decisional duty to assist error due to VA's failure to obtain all relevant treatment records from Dr. J.D.
The deciding factor: The January 2013 decision applied existing regulations correctly but did not consider new evidence or provide an adequate explanation for the rating assigned, which could potentially be CUE. The current claim for increased evaluation requires obtaining additional medical records from VA and non-VA providers to ensure a complete record is available.
- Claimed conditions
- Right Shoulder Strain, Unspecified Trauma and Stressor-Related Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2024
- Citation
- A24073988
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 A24073988.
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.
- Granted
The Board granted service connection for PTSD, generalized anxiety disorder, unspecified depressive disorder, and unspecified trauma and stressor-related disorder based on new evidence.
- Granted
The Board granted an effective date of December 1, 1984 for the awards of service connection for IBS, bilateral shoulder strain, bilateral elbow tendinopathy, limitation of bilateral forearm supination, and bilateral knee patellofemoral pain syndrome.
- Denied
The Board denied initial disability ratings for various conditions, including GERD, shoulder strain, elbow strains, lumbosacral strain, and knee conditions. A separate rating was granted for right lower extremity radiculopathy due to the service-connected lumbosacral spine disability.
- Denied
The Board denied increased ratings for PTSD, non-allergic rhinitis, and right shoulder strain, as the evidence did not support a higher level of impairment than currently rated.
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