The Veteran's claim for a higher initial rating for service-connected left forearm scars has been granted, with the effective date set at May 12, 2009. The earlier effective date claim for the 40 percent disability rating for the service-connected back disability was not met.
The deciding factor: It is not factually ascertainable that an increase in disability of the service-connected back disability occurred within the one year period prior to May 12, 2009.
- Claimed conditions
- left shoulder disorder, sleep disorder (insomnia and sleep apnea), acquired psychiatric disorder other than PTSD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 27, 2014
- Citation
- 1438182
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 1438182.
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.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, finding that he does not require regular aid and assistance from another person as a result of these conditions.
- Granted
The Board has granted service connection for bilateral foot disorder, right shoulder disorder, and left shoulder disorder.,Service connection is also granted for these conditions based on direct evidence of a nexus to service.
- Remanded (sent back)
The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for bilateral shoulder, hip, knee, ankle, foot, and back disorders. The underlying merits of these claims must be addressed by the AOJ.
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