The Board found that the Veteran's substantive appeal for entitlement to service connection for death was not timely filed. The claim for an increased rating for right shoulder disability is granted, with a final evaluation of 20 percent. The claims for additional disabilities due to VA hospital care are denied.
The deciding factor: The appellant did not file a timely Form 9 within the required 60-day period following the issuance of the SOC. For the claim for an increased rating, the evidence supported a minimum rating of 20 percent based on limitation of motion. The claims for additional disabilities due to VA hospital care were denied as there was no evidence that the Veteran's right hip and back disorders were caused by or aggravated by his service-connected left peroneal nerve palsy.
- Claimed conditions
- Acromioclavicular separation of the right shoulder, Right hip disorder, Back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 13, 2015
- Citation
- 1547836
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 1547836.
What this means for you
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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 claims for service connection for right and left hip disorders, as secondary to service-connected lumbar spine strain with bilateral lower extremity sciatic radiculopathy. The case will be returned to the AOJ for further review.
- Dismissed
The Veteran's appeal for an initial rating in excess of 10 percent for right hip total arthroplasty prior to March 22, 2023 is dismissed due to procedural defects.
- Granted
The Board has granted the Veteran's claim for service connection for a right hip disorder, finding that it resulted from an injury incurred during active military service.
- Granted
The Veteran's back disorder is granted a rating of 10 percent, and his chronic kidney disease is granted service connection based on being secondary to his service-connected hypertension.
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