The Board remands the issues of a rating in excess of 10 percent prior to December 28, 2018, and in excess of 40 percent on and after December 28, 2018, for right shoulder degenerative arthritis; an effective date prior to December 28, 2018, for the award of a 40 percent rating for right shoulder degenerative arthritis; and a rating in excess of 20 percent for right humeral fracture residuals without complete union for additional development.
The deciding factor: The Board cannot consider additional evidence without prior Agency of Original Jurisdiction review unless the Veteran waives such review, which was not done in this case.
- Claimed conditions
- right shoulder degenerative arthritis, right humeral fracture residuals without complete union
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2025
- Citation
- 25008799
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.
- Dismissed
The Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Granted
The Veteran's service-connected disabilities are of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a total disability rating based on individual unemployability.
- Granted
The Board granted service connection for left shoulder degenerative arthritis, right shoulder degenerative arthritis, and degenerative arthritis of the lumbosacral spine. The rating for the Veteran's service-connected traumatic arthritis of the right wrist/arm was restored to 20 percent effective June 1, 2024.
- Denied
The Board denied service connection for right shoulder degenerative arthritis as there is no evidence of in-service incurrence or aggravation, and the condition did not manifest within one year of discharge.
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