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
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- Denied
The Board denied service connection for a thoracolumbar spine disability and a left shoulder disability as the evidence did not support that these conditions were incurred or aggravated during active duty, ACDUTRA, or INACDUTRA.
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