The Veteran's right knee arthritis was not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and continuity of symptomatology is not established. The Veteran’s current diagnosis of degenerative arthritis of the right knee is not at least as likely as not related to an in-service injury or disease.,The Veteran's bilateral hearing has been manifested by hearing acuity of no worse than Level I in each ear. A compensable evaluation for a bilateral hearing loss disability is denied.,Service connection for left shoulder strain and degenerative joint disease are remanded due to inadequate rationale regarding whether the disabilities had their onset in service or are otherwise related to service.,Service connection for right shoulder strain and degenerative joint disease are remanded due to inadequate rationale regarding whether the disabilities had their onset in service or are otherwise related to service. The examiner's opinion is based on an inaccurate factual premise, as a September 1991 medical record diagnosed the Veteran with a chronic subscapular musculoskeletal strain.,Service connection for upper back strain and degenerative joint disease are remanded due to inadequate rationale regarding whether the disabilities had their onset in service or are otherwise related to service. The examiner's opinion is based on an inaccurate factual premise, as a September 1991 medical record diagnosed the Veteran with a chronic subscapular musculoskeletal strain.
The deciding factor: The preponderance of the evidence is against finding that the Veteran’s right knee disability is related to an in-service injury or disease.,The Veteran's hearing loss disability does not meet the criteria for a higher rating based on audiometric and speech recognition test results.,Service connection cannot be granted as there is no adequate rationale provided regarding whether the left shoulder strain and degenerative joint disease had their onset in service or are otherwise related to service. The examiner’s opinion is based on an inaccurate factual premise, as a September 1991 medical record diagnosed the Veteran with a chronic subscapular musculoskeletal strain.,Service connection cannot be granted as there is no adequate rationale provided regarding whether the right shoulder strain and degenerative joint disease had their onset in service or are otherwise related to service. The examiner’s opinion is based on an inaccurate factual premise, as a September 1991 medical record diagnosed the Veteran with a chronic subscapular musculoskeletal strain.,Service connection cannot be granted as there is no adequate rationale provided regarding whether the upper back strain and degenerative joint disease had their onset in service or are otherwise related to service. The examiner’s opinion is based on an inaccurate factual premise, as a September 1991 medical record diagnosed the Veteran with a chronic subscapular musculoskeletal strain.
- Claimed conditions
- Right Knee Arthritis, Left Shoulder Strain, Right Shoulder Strain, Upper Back Strain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- A19002671
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A19002671.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher rating prior to August 12, 2013 was denied as his right knee disability did not meet the criteria for a higher rating under Diagnostic Code 5003.,The Veteran's claim for a higher rating from April 1, 2016 was denied as he is already receiving the maximum allowable disability rating of 60 percent for total right knee replacement.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Veteran's appeal for an earlier effective date for service connection and increased rating for his right shoulder disability was denied. The Board found that the earliest claim for service connection was filed on June 3, 2024, and thus no earlier effective date is warranted.
- Granted
The Board has granted service connection for a left shoulder strain and assigned a 20% rating effective March 16, 2023. The appellant is eligible to the direct payment of attorney fees based on past-due benefits awarded in the November 2023 rating decision.
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