The Board found that the Appellant had a pre-existing right shoulder disorder prior to his entry into active duty. Despite this, clear and unmistakable evidence indicated that the condition was not aggravated by any incident of active service.
The deciding factor: The Board determined that while the presumption of soundness is rebutted due to the existence of a pre-existing condition, there also exists clear and unmistakable evidence indicating no aggravation during service.
- Claimed conditions
- Right rotator cuff injury
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2009
- Citation
- 0924944
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 0924944.
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.
- Denied
The Board denied service connection for a right knee disorder and a right rotator cuff injury, finding that the evidence did not support a link between these conditions and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection for a right knee disorder and right rotator cuff injury due to incomplete record development, including missing service treatment records and unavailability of post-service medical records. The Veteran's reported shoulder surgery in December 1988 is also under investigation.
- Granted
The Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms and lay testimony are sufficient to establish service connection.
- Granted
The Veteran's right rotator cuff injury, limitation of motion of the right knee, and left ankle sprain are all granted service connection. The psychiatric disorder is denied service connection, but the claim for a left shoulder condition is not addressed as it lacks current disability evidence.
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