The veteran's claim for an earlier effective date for a 70% disability rating for a right brachial plexus injury was denied as the evidence did not show that a claim was received within one year of the date of injury.
The deciding factor: The preponderance of the evidence is against finding that an effective date earlier than August 28, 1996 for the award of compensation for a right brachial plexus injury under 38 U.S.C.A. § 1151 (West 1991 & Supp. 2001); 38 C.F.R. § 3.400(i) (2001).
- Claimed conditions
- right brachial plexus injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 10, 2002
- Citation
- 0200355
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 0200355.
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.
- Denied
The Board denied the Veteran's claim for service connection for right shoulder disability, finding that there is no evidence linking his current condition to his active duty service.
- Denied
The Veteran's appeal was denied as his claim for an increased rating for service-connected residuals of injury to the right pectoral region, resulting in scar and painful limitation of shoulder motion, claimed as right brachial plexus injury, right shoulder, with residual radial nerve damage, muscle damage, and rotation of the shoulder, remains pending.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for his service-connected residuals of injury, right pectoral region resulting in scar and painful limitation of shoulder motion claimed as right brachial plexus injury, right shoulder with residual radial nerve damage, muscle damage, and rotation of the shoulder is being remanded due to the need for additional development.
- Denied
The Board denied the veteran's request for attorney fees based on grants of service connection for anxiety as secondary to a right brachial plexus injury and entitlement to TDIU. The issues were not part of an underlying issue that was appealed.
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