The Board found that the December 15, 1971 rating decision assigning a 20 percent disability rating for arthralgia of the shoulders as a residual of rheumatic fever constituted clear and unmistakable error (CUE). The effective date was set at November 13, 1987 for a 30 percent evaluation for arthralgia of the right shoulder and a 20 percent evaluation for arthralgia of the left shoulder. However, the Board also found that an earlier effective date than March 26, 1998 was not warranted for the current ratings.
The deciding factor: The December 15, 1971 rating decision did not assign a separate 10 percent disability rating for arthralgia of the right shoulder as a residual of rheumatic fever, which constituted CUE. The effective date was set at November 13, 1987 based on an increase in the disability of the shoulders from that date.
- Claimed conditions
- rheumatoid arthritis, multiple joints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 16, 2001
- Citation
- 0104964
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 0104964.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied increased ratings for hypertension, atherosclerosis, and diabetes mellitus; granted service connection for erectile dysfunction and skin cancer; and restored the 10 percent rating for hypertension.
- Denied
The Board denied service connection for rheumatoid arthritis, fibromyalgia, and systemic lupus erythematosus as there was no evidence of onset during active service or etiological relationship to an in-service injury, event, or disease.
- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
- Partly granted
The Board denied an earlier effective date for the grant of a 70 percent rating for PTSD and granted an effective date of May 31, 2004, but no earlier, for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
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