The Board denied an earlier effective date for the grant of service connection for degenerative arthritis of the right shoulder, finding that no request to reopen the claim was filed before May 15, 1997.
The deciding factor: An earlier application to reopen the claim based on new and material evidence was not submitted until May 15, 1997, which is after the RO's final denial in 1985. The effective date for the grant of service connection must be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of the reopened claim or the date entitlement arose, whichever is later.
- Claimed conditions
- degenerative arthritis of the right shoulder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 2, 2001
- Citation
- 0123987
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 0123987.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for right shoulder and left shoulder disorders, finding that the Veteran's current diagnoses are related to his military service.
- Dismissed
The appeal concerning the disability evaluation for pseudofolliculitis barbae and bilateral hearing loss is dismissed.,Service connection for degenerative arthritis of the left knee with instability, tinnitus, and right shoulder tendonitis (claimed as tendonitis in the right shoulder) has been granted.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to allow the AOJ to provide notice of the Veteran's right to a hearing and determine if additional evidentiary development is required.
- Partly granted
The Board granted service connection for rectal scarring, rash, and discomfort due to an in-service sexual assault. The claims for other conditions were remanded for further development.
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