The Veteran's claim for a higher rating for his left shoulder disability is granted effective from July 3, 1997. The case is also remanded to schedule the Veteran for a Board hearing on his claims of earlier effective dates and service connection.
The deciding factor: The Court directed the Board to award a 40 percent evaluation effective from July 3, 1997, based on CUE in prior rating decisions.
- Claimed conditions
- residuals of a gunshot wound to the left shoulder, nerve damage of the upper left extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 10, 2015
- Citation
- 1547567
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 1547567.
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.
- Partly granted
The Board denied service connection for multiple conditions, but granted service connection for bilateral hearing loss and tinnitus.
- Granted
The Veteran's service-connected disabilities, including PTSD, diabetic neuropathies, and retinopathy, render him unable to secure or follow substantially gainful employment. The Board grants a TDIU from March 29, 2011.
- Remanded (sent back)
The Board has remanded the claims for residuals of a gunshot wound to the left shoulder and total disability rating based on individual unemployability (TDIU) due to incomplete development. The Veteran's representative asserts that he is entitled to a separate rating for arthritis of the left shoulder, but this claim is not currently before the Board.
- Partly granted
Service connection for tinnitus has been granted. The Veteran's PTSD is rated at 50% effective March 2, 2001 and increased to 70% effective December 12, 2008.,The Veteran’s type two diabetes mellitus with associated erectile dysfunction remains at a noncompensable rating.
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