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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
NO. 20-1316
OTIS KIRVEN, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before BARTLEY, Chief Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
BARTLEY, Chief Judge: Veteran Otis Kirven appeals through counsel a January 16, 2020,
Board of Veterans’ Appeals (Board) decision that denied entitlement to service connection for right
and left shoulder injuries. Record (R.) at 5-13.1 For the reasons that follow, the Court will set aside
the January 2020 Board decision and remand the matters for readjudication consistent with this
decision.
I. FACTS
Mr. Kirven served honorably in the U.S. Army from May 1967 to May 1969, including
service in the Republic of Vietnam. R. at 2125. On March 1, 1969, Mr. Kirven was the unrestrained
driver involved in a motor vehicle accident (MVA), which resulted in a period of hospitalization.
1 In this same decision, the Board granted service connection for a right ankle injury. R. at 11-12. Because
this determination is favorable to Mr. Kirven, the Court will not disturb it. See Medrano v. Nicholson, 21 Vet.App.
165, 170 (2007) (“The Court is not permitted to reverse findings of fact favorable to a claimant made by the Board
pursuant to its statutory authority.”), aff’d in part, dismissed in part sub nom. Medrano v. Shinseki, 332 F. App’x 625
(Fed. Cir. 2009). In addition, the Board remanded the issue of entitlement to a total disability evaluation based on
individual unemployability prior to September 26, 2016. R. at 12-13. Because a remand is not a final decision