The Board denied the appellant's claims for earlier effective dates for his service connection and increased ratings for right shoulder, left elbow, and right elbow disabilities. The RO assigned an effective date of May 15, 2002, which is the earliest date that can be established based on the facts presented.
The deciding factor: The Board found that there was no evidence showing a worsening in the appellant's right shoulder disability prior to August 15, 2002, and thus could not assign an earlier effective date for his increased rating or service connection claims.
- Claimed conditions
- Right Shoulder, Left Elbow, Right Elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 5, 2004
- Citation
- 0429936
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 0429936.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has dismissed the Veteran's appeal for service connection of a right shoulder disability. Service connection is granted for OSA, left ankle, lumbar spine, and right hip disabilities. The claims for an acquired psychiatric disorder and coronary artery disease are remanded.
- Remanded (sent back)
The Board has remanded the claims for an initial rating in excess of 10 percent for right knee, back, and left elbow disabilities due to inadequate examinations. The AOJ is directed to obtain medical opinions regarding the severity of the Veteran's disabilities during the relevant period on appeal.
- Denied
The Board has denied service connection for the Veteran's claimed right knee, left knee, right hip, left hip, right shoulder, and left shoulder conditions as there is no persuasive evidence that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Remanded (sent back)
The Veteran's claims for an increased rating for his right shoulder disability and TDIU are being remanded due to inadequate pre-decisional duty-to-assist errors in the October 2020 VA examination, which did not adequately address functional loss during flare-ups. The AOJ is also required to obtain a retrospective medical opinion regarding the severity of the Veteran's service-connected right shoulder disability from May 13, 2020 and request employment information for TDIU consideration.
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