The Board has found that the evidence is at least in equipoise as to whether the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected shoulder disability, thus granting entitlement to TDIU prior to March 7, 2012 and throughout the period on appeal. The increased rating claim for shoulder disability remains pending.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran's service-connected shoulder disability rendered him unable to secure and follow a substantially gainful occupation.
- Claimed conditions
- shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2016
- Citation
- 1602730
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 1602730.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal of the issues related to eczema and acne, carpal tunnel syndrome, cervical spine disability, shoulder disability, right ankle disability, left ankle disability, gastritis and GERD with hiatal hernia, and sleep disturbances have been dismissed.,An initial rating in excess of 10 percent for right knee pain with shin splints is denied. A rating of 10 percent, and no higher, for left leg shin splints is granted.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of any claimed conditions and therefore, service connection for these conditions is denied.
- Dismissed
The Veteran's appeal for an increased evaluation of their shoulder disability has been dismissed due to the death of the Veteran during the pendency of the appeal.
- Remanded (sent back)
The Board has remanded the claims for left foot disability, bilateral hand numbness, and shoulder disability due to a lack of VA examinations. The Veteran's service treatment records show he was seen for left shoulder pain in May 2006 and had left foot pain since returning from deployment. His lay statements indicate his hand numbness is related to his back injury. Participation in toxic exposure risk activities (TERA) during service has been conceded, but a VA examination is needed to determine the relationship between TERA and migraine headaches.
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