The Board incorrectly applied the law and regulations to the facts, resulting in a decision that there was no reasonable basis for reducing the Veteran's left shoulder disability rating. The Court has found CUE and restored the 10% rating effective September 1, 2018.
The deciding factor: The Board failed to correctly apply the applicable law and regulations regarding reduction of disability ratings, leading to an incorrect decision on the propriety of reducing the Veteran's left shoulder disability rating.
- Claimed conditions
- left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 26, 2018
- Citation
- 1805397
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 1805397.
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.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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