The petition to reopen the claim for service connection for a right elbow disability was denied. The reduction of the rating for right shoulder tendonitis from 20% to 10% was found improper and restored the original 20% rating. A 30% disability rating for service-connected right arm radiculopathy is granted effective June 13, 2013. The claim for increased rating of cervical spine disability remains pending.
The deciding factor: The Veteran's petition to reopen his claim for a right elbow disability was denied due to lack of new and material evidence. The reduction in the rating for right shoulder tendonitis from 20% to 10% was found improper as there were no grounds for such a reduction, and the original 20% rating is restored. A 30% disability rating for service-connected right arm radiculopathy is granted effective June 13, 2013.
- Claimed conditions
- Right Elbow Disability, Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 18, 2019
- Citation
- 19147576
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including bipolar disorder.
- Dismissed
The appeal for several conditions, including insomnia, hypertension, and various disabilities, was dismissed due to procedural issues.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.