The Board found that the reduction in the 60 percent rating for fractured ribs and pleural adhesions was improper, while denying an increased rating for a fractured right clavicle.
The deciding factor: The medical evidence showed that the veteran's respiratory disability had not improved under ordinary conditions of life and work, thus supporting restoration of the 60 percent rating. The evidence did not support an increase in the rating for the fractured right clavicle.
- Claimed conditions
- fractured ribs and pleural adhesions, fractured right clavicle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904204
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0904204.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 requests for earlier effective dates for DIC and Chapter 35 DEA benefits, finding no legal entitlement to such earlier dates.
- Remanded (sent back)
The Veteran's appeal for increased ratings for residuals of a fractured right clavicle is remanded due to the need for further examination and assessment.
- Granted
The Veteran's right shoulder disability, specifically the residuals of a fractured right clavicle, is rated at 20% prior to July 27, 2017. Beginning on that date, the rating has been increased to 30%. The increase in rating is based on current findings indicating limitation of motion at approximately midway between side and shoulder level.
- Remanded (sent back)
The Board has remanded the case for additional development, including a new VA examination to address the Veteran's right shoulder disability. The appeal is currently in a pending status.
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