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 subject to revision on CUE grounds. His claim for an increased evaluation for unspecified trauma and stressor-related disorder was remanded due to failure to obtain all relevant VA treatment records.
The deciding factor: The January 2013 decision correctly applied the existing regulations, resulting in a 10% disability rating for right shoulder strain which is not subject to revision on CUE grounds. The Veteran's claim for an increased evaluation of his unspecified trauma and stressor-related disorder was remanded due to failure to obtain all relevant VA treatment records.
- 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
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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.
- Denied
The Veteran's appeal for an earlier effective date for service connection and increased rating for his right shoulder disability was denied. The Board found that the earliest claim for service connection was filed on June 3, 2024, and thus no earlier effective date is warranted.
- Granted
The Veteran's claim for service connection for right shoulder strain with rotator cuff tendonitis was granted, effective August 19, 2024. The decision is based on the merits of the case and not due to any presumption or new evidence.
- Granted
The Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms are related to his in-service injury.
- Denied
The Board has denied the Veteran's claims for increased ratings for his right and left shoulder strains, finding that the current ratings of 20% are appropriate based on limited motion in both shoulders.
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