The Board remands the claims for a rating in excess of 10 percent for residuals of a traumatic brain injury, a rating in excess of 20 percent for a left shoulder disability, and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities for further evidentiary development.
The deciding factor: The AOJ's failure to obtain updated VA examinations in light of evidence of an increase in severity of the Veteran's disabilities constitutes a pre-decisional duty to assist error, and thus, the claims must be remanded to schedule the Veteran for VA examinations to assess the current severity of his residuals of a TBI and left shoulder disability.
- Claimed conditions
- Residuals of a traumatic brain injury, Left shoulder disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2025
- Citation
- A25025051
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.
- 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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for left shoulder disability from November 1, 2024, to correct a duty to assist error.
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