The petition to reopen the claim for service connection for a right elbow disability was denied. The rating reduction from 20% to 10% for service-connected right shoulder tendonitis was improper, and the 20% rating is restored. Entitlement to a 30% disability rating for service-connected cervical spine disability is granted effective June 13, 2013.
The deciding factor: The evidence did not establish new and material evidence to reopen the claim of service connection for right elbow disability. The reduction in the rating for right shoulder tendonitis was improper as it was based on a perceived increase in range of motion without showing actual improvement or functional loss due to pain, stiffness, or other symptoms.
- 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
Veterans Law Judge
Decisions by this judge: 882 · 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 19147576.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Remanded (sent back)
The Board has determined that the Veteran's current right shoulder disability is not related to service, but the right elbow disability requires further review due to a duty-to-assist error in obtaining an inadequate medical opinion.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
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