The Veteran's claim for service connection of an acquired psychiatric disorder has been reopened, and he is now entitled to a TDIU effective March 14, 2016.,VA denied the Veteran's request for an earlier effective date for his left shoulder scar. The Veteran was granted service connection on March 14, 2016, when he filed his claim for a TDIU.,The Veteran’s claim for increased ratings of his left shoulder disability and left shoulder scar remains pending as the Board has remanded these issues.,VA denied the Veteran's request to connect his right wrist disorder with service. The Veteran is currently awaiting further review on this issue.
The deciding factor: The evidence submitted since the last denial of the claim for an acquired psychiatric disorder relates to an unestablished fact necessary to substantiate the claim, raising a reasonable possibility of substantiating it.,VA regulations dictate that the date of receipt of claim should be the effective date assigned when there is no earlier entitlement. The Veteran's claim was received on March 14, 2016, which is later than his entitlement arose.,The VA examination did not find any limitation of motion or ankylosis in the left shoulder that would warrant a higher rating under Diagnostic Codes 5201-5203. The Veteran's pain and functional loss were noted but do not meet the criteria for a higher rating under Diagnostic Code 7804.,VA regulations require evidence of shoulder ankylosis or impairment of the humerus to apply Diagnostic Code 5200 or 5202, respectively. There is no such evidence in this case.
- Claimed conditions
- Acquired psychiatric disorder, Left shoulder scar, Left shoulder disability, Right wrist disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128749
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 Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Granted
The Board granted a 10 percent disability rating for osteoarthritis of the right hand and service connection for a left shoulder disability.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
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