The RO reduced the Veteran's rating for his service-connected degenerative joint disease of the right shoulder from 30 percent to 20 percent, effective April 14, 2017. The reduction was not proper due to lack of compliance with the requirements set forth in 38 C.F.R. § 3.344.
The deciding factor: The RO failed to comply with the provisions of 38 C.F.R. § 3.344 (a) and (b), which require a full and complete examination before reducing a rating for an evaluation in effect for greater than five years.
- Claimed conditions
- Degenerative Joint Disease of the Right Shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 21, 2017
- Citation
- 1759550
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 1759550.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran is granted a disability rating of 50 percent for his right shoulder disability beginning October 28, 2014. The issues of entitlement to higher ratings prior to and after this date are remanded.
- Denied
The Veteran's claim for a rating in excess of 40 percent for his service-connected right shoulder disability prior to March 11, 2022 is denied. The claim for TDIU prior to October 17, 2014 is also denied.
- Remanded (sent back)
The Board has remanded the case due to incomplete medical opinions and a need for additional examinations regarding muscle group injuries and neurological symptoms related to the Veteran's right shoulder disability.
- Remanded (sent back)
The Veteran's appeal is REMANDED for further action regarding his claim of entitlement to a TDIU. The Board finds that the evidence does not show he meets the schedular criteria for assignment of a TDIU, including on the basis of disabilities affecting a single body system (orthopedic), during the entire period on appeal.
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