The Board has granted service connection for a respiratory disability and determined that the veteran's right shoulder disability warrants evaluations of 20 percent from October 24, 2002 to July 28, 2003, 30 percent from September 1, 2004 to February 16, 2006, and 60 percent thereafter. The reduction in evaluation was found to be proper.
The deciding factor: The Board determined that the veteran's respiratory disability is service-connected based on evidence of treatment during service and continued symptoms post-service. For his right shoulder disability, the Board found that a 20 percent evaluation was warranted from October 24, 2002 to July 28, 2003 due to surgery for shoulder replacement. The reduction in evaluation from 100 percent to 60 percent was deemed proper as it was based on more than 60 days of notice and the veteran retained significant range of motion.
- Claimed conditions
- respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 26, 2008
- Citation
- 0820944
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 0820944.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Dismissed
The Veteran withdrew his appeal regarding the claims for service connection for a skin condition, traumatic brain injury, a respiratory disability, bilateral shin splints, and bilateral flatfoot.
- Remanded (sent back)
The Board has remanded the claim of service connection for a respiratory disability, including emphysema and mucus with coughing due to an error in providing notice. The AOJ is instructed to provide the Veteran with notice of his right to a hearing.
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