The Board has determined that the January 1994 rating decision denying service connection for a left shoulder disability was clearly and unmistakably erroneous. The Veteran's effective date for service connection of his left shoulder disability is reversed, and he is granted service connection for residuals of a left shoulder injury initially incurred in May 1988. The Board has also deferred the determination on the earlier effective date claim until the RO implements its decision.
The deciding factor: The January 1994 rating decision was based on an incorrect characterization of when and where the Veteran's left shoulder disability occurred, leading to a denial of service connection. The Board found that the correct facts were not before the RO at the time of the decision, resulting in clear and unmistakable error.
- Claimed conditions
- Allergies (including hay fever), Left Shoulder Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2009
- Citation
- 0948286
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 0948286.
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 the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Denied
The Veteran's claim for an effective date before April 1, 2018 for a 20% rating for left shoulder disability was denied. The appeal also resulted in the assignment of a 20% rating from April 1, 2018 to March 31, 2018, and a TDIU granted from April 1, 2018 to September 3, 2025.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Board denied the Veteran's claim for an extension of a temporary total rating for his left shoulder disability, finding that he did not require convalescence beyond August 31, 2011 following his surgery.
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