The petition to reopen the claim of entitlement to service connection for a right elbow disability is granted. The claims for respiratory and right shoulder disabilities are denied.
The deciding factor: New evidence received since the April 1994 decision relates to a previously unestablished fact necessary to substantiate the claim for right elbow disability, while there is no evidence linking the current disabilities to service or any presumptive exposure basis.
- Claimed conditions
- Right elbow disability, Respiratory disability, Right shoulder disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2019
- Citation
- 19144323
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.
- 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.
- Remanded (sent back)
The Board remands the issue of entitlement to a total disability rating based on individual unemployability (TDIU) for further development and readjudication.
- Partly granted
The Board granted service connection for a right knee disability and PTSD, remanded several claims including those for a left knee disability, right shoulder disability, hypertension, craniomandibular disorder, and a compensable rating for residuals of a right femur fracture.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
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