The Board has determined that there was clear and unmistakable error in the January 1979 decision denying service connection for a right shoulder disability, and has granted the claim.
The deciding factor: The Court found that had the law been applied correctly at the time of the January 1979 decision, an award of service connection would have resulted due to the correct facts being known at that time.
- Claimed conditions
- Right shoulder disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2007
- Citation
- 0726662
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 0726662.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied service connection for a right shoulder disability and remanded the case for further action on heart disability. The decision regarding right shoulder disability is that it was not incurred in or aggravated by service.
- Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including low back, left hip, right hip, left shoulder, and right shoulder disabilities. The VA examinations did not provide adequate opinions regarding the etiology of these conditions.
- Granted
The Board has granted service connection for the Veteran's right shoulder disability as secondary to his service-connected left shoulder disability, finding that the evidence is in equipoise and granting secondary service connection.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional examinations and evaluations regarding his claimed knee, shoulder, and back disabilities. The Board finds that a VA examination should be conducted to determine the nature and etiology of any bilateral knee, shoulder, or back disabilities.
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