The Veteran's 30% rating for left shoulder subluxation is restored effective January 1, 2008.
The deciding factor: The RO failed to consider the provisions of 38 C.F.R. § 3.344 when reducing the Veteran's rating, which rendered the reduction void ab initio.
- Claimed conditions
- left shoulder subluxation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 29, 2011
- Citation
- 1147195
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 1147195.
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 remanded the Veteran's claims for service connection for left and right shoulder disabilities due to incomplete development in the previous rating decision. The Veteran is required to provide evidence of a nexus between his current shoulder conditions and military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased rating for left shoulder subluxation and a TDIU due to new evidence being added to the record without AOJ consideration, as well as issues with previous examinations.
- Dismissed
The Board has dismissed all appeals as the Veteran withdrew his claims for service connection and ratings in excess of 20 percent, 30 percent, or compensable for various conditions. The RO granted service connection for sleep apnea.
- Remanded (sent back)
The Board has denied the Veteran's request for an increased rating for his service-connected left shoulder subluxation and has remanded the issue of service connection for a cervical spine disability, which is secondary to his service-connected shoulder disabilities. The case must be returned to VA to attempt to obtain records from Silas B. Hayes Army Hospital in California where the Veteran was hospitalized during the 1980s.
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