The Board denied the veteran's claim for an earlier effective date for his service-connected disabilities of the right shoulder, cervical spine, and left hip. The veteran argued that he filed a claim shortly after leaving military service in June 1990 but was not given credit for this filing due to administrative regularity.
The deciding factor: The Board found no evidence of an earlier claim being submitted within one year of the veteran's separation from military service, and thus denied his request for an earlier effective date based on the presumption of administrative regularity.
- Claimed conditions
- Right Shoulder, Cervical Spine, Left Hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2007
- Citation
- 0725358
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 0725358.
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.
- Dismissed
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.
- 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.
- 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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