The Board found that the June 1953 rating decision denying service connection for right shoulder and arm disability was not clearly and unmistakably erroneous. The new evidence submitted by the veteran, his testimony at the RO hearing in December 1999, did not provide material to reopen the claim of entitlement to service connection.
The deciding factor: The Board determined that the veteran's statements regarding continuity of symptoms were competent as they related to observable conditions (weakness and periodic swelling), but did not establish a link between current right hand weakness and the previously diagnosed thrombophlebitis and lymphadenitis in service.
- Claimed conditions
- Right Shoulder and Arm Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2001
- Citation
- 0102461
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. Search VA.gov for the original decision (opens in a new tab) using citation 0102461.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has granted service connection for a right shoulder and arm disability, but has remanded the cases for further development regarding back disability and pes planus.
- Denied
The Board denied the Veteran's claims for service connection for a right arm disability and a rating in excess of 50 percent for PTSD prior to April 21, 2015. The evidence did not support a finding that current disabilities were related to service.
- Granted
The Board has reopened the claims of service connection for a right shoulder and arm disability, a cervical spine disability, and a back disability. The Veteran's new evidence is sufficient to reopen these claims.
- Denied
The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a right shoulder and arm disability. The Veteran's right leg shell fragment wound residuals are currently rated as slight, but the criteria for a compensable rating have not been met.
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