The appeal is remanded to address the Veteran's arguments concerning compliance with hearing officer duties and to obtain additional evidence related to muscle impairment associated with his right shoulder disability.
The deciding factor: The Board finds that the VLJ complied with the hearing officer duties set forth under 38 C.F.R. § 3.103(c)(2) during the August 2021 Board hearing, but remand is necessary to obtain a VA examination and opinion to determine whether there is muscle impairment associated with the Veteran's right shoulder disability that would warrant entitlement to a separate rating.
- Claimed conditions
- right shoulder impingement with rotator cuff and bicipital tendonitis along with glenohumeral and acromioclavicular osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2025
- Citation
- 25008973
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 an initial rating in excess of 20 percent, prior to March 28, 2022, and in excess of 30 percent thereafter, for right shoulder impingement with rotator cuff and bicipital tendonitis along with glenohumeral and acromioclavicular osteoarthritis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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