The Veteran's claims for an increased rating for his right shoulder disability and TDIU are being remanded due to inadequate pre-decisional duty-to-assist errors in the October 2020 VA examination, which did not adequately address functional loss during flare-ups. The AOJ is also required to obtain a retrospective medical opinion regarding the severity of the Veteran's service-connected right shoulder disability from May 13, 2020 and request employment information for TDIU consideration.
The deciding factor: The October 2020 VA examination was inadequate as it did not provide an adequate estimate of functional loss during flare-ups based on all procurable evidence, including the Veteran's lay statements. The AOJ is required to obtain a retrospective medical opinion and request employment information for TDIU consideration.
- Claimed conditions
- Right Shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2026
- Citation
- A26026380
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 A26026380.
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 has dismissed the Veteran's appeal for service connection of a right shoulder disability. Service connection is granted for OSA, left ankle, lumbar spine, and right hip disabilities. The claims for an acquired psychiatric disorder and coronary artery disease are remanded.
- Denied
The Board has denied service connection for the Veteran's claimed right knee, left knee, right hip, left hip, right shoulder, and left shoulder conditions as there is no persuasive evidence that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Remanded (sent back)
The Veteran's claims for an increased rating for his right shoulder disability and TDIU are being remanded due to inadequate pre-decisional duty-to-assist errors in the October 2020 VA examination, which did not adequately address functional loss during flare-ups. The AOJ is also required to obtain a retrospective medical opinion regarding the severity of the Veteran's service-connected right shoulder disability from May 13, 2020 and request employment information for TDIU consideration.
- Granted
The Board has granted service connection for right shoulder, left knee, and right knee disabilities. Service connection is also granted for left leg shin splints and right leg shin splints. The Veteran's claims for a left foot skin condition and right foot skin condition are denied.
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