The Veteran's appeal to reopen a claim of service connection for a right shoulder/arm disability is granted. Service connection for the condition is denied.
The deciding factor: New evidence received since the February 2014 Board decision includes VA and private treatment records showing treatment for a right shoulder disability, which relates to an unestablished fact necessary to substantiate the Veteran’s claim (i.e., show that he has a right shoulder/arm disability that may have been incurred in or caused by service).
- Claimed conditions
- Right shoulder/arm disability, Osteoporosis, Prostate cancer, Left upper extremity peripheral neuropathy, Right upper extremity peripheral neuropathy, Left lower extremity peripheral neuropathy, Right lower extremity peripheral neuropathy, Hemorrhoids
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2019
- Citation
- 19108683
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (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 19108683.
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.
- Granted
The Veteran's arteriosclerotic heart disease is rated at 100% effective October 25, 2024. His prostate cancer residuals are rated at 60% effective October 25, 2024.
- Dismissed
The Veteran withdrew his appeal for an increased evaluation of his hemorrhoids, so the case is dismissed.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to duty-to-assist errors prior to the rating decision on review. The effective date for TDIU is set at January 31, 2021, based on the last day of employment. However, the RO needs to obtain SSA records regarding earnings from July 2020 to January 31, 2021, to determine if the Veteran's employment was marginal.
- Granted
The Veteran's acquired psychiatric disorder and prostate cancer are granted service connection, with the latter requiring a VA examination to address exposure to burn pits.
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