The Veteran's claim for service connection for depression and headaches as secondary to his service-connected left shoulder disability, lupus, and sleep conditions has been granted. The reduction of the rating for status post left shoulder surgery with residual strain from 10% to noncompensable (zero percent) effective April 1, 2018, was found to be proper due to clear and unmistakable error in assigning duplicate ratings.
The deciding factor: The Veteran's depression and headaches were found to be secondary to his service-connected left shoulder disability. The reduction of the rating for status post left shoulder surgery with residual strain from 10% to noncompensable (zero percent) effective April 1, 2018, was proper due to clear and unmistakable error in assigning duplicate ratings.
- Claimed conditions
- Depression, Headaches, Lupus, Sleep Conditions
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 11, 2019
- Citation
- 19127751
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.
- Partly granted
The Board granted service connection for multiple myeloma, back disability (secondary to multiple myeloma), and depression, with an effective date of January 26, 2021. The decision also remanded claims related to breast cancer, DEA benefits, and initial ratings.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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