The Board remands the claim for service connection for a right shoulder disability to correct an error by the AOJ in satisfying a regulatory or statutory duty, specifically ensuring that the Veteran was provided with notice of her right to a pre-decisional hearing before the AOJ's issuance of the August 2020 decision on appeal.
The deciding factor: The remand is necessary due to an error in providing the Veteran with proper notice of her right to a pre-decisional hearing, as required by 38 C.F.R. § 3.103(d)(1).
- Claimed conditions
- right shoulder disability
- How they argued it
- Not specified
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 7, 2025
- Citation
- A25031814
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.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Denied
The Board denied service connection for right and left knee, shoulder, and knee scars disabilities, as well as a compensable disability rating for hypertension.
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