The Board found the earliest possible effective date for a 30% disability rating for the right shoulder disability was November 12, 1997. However, the moving party argues that if legal and factual errors were not made, an earlier effective date of October 23, 1987 would have been granted based on continuous pursuit of the claim.
The deciding factor: The Board incorrectly determined the earliest possible effective date for the right shoulder disability rating was November 12, 1997, while the moving party argues it should be October 23, 1987 due to continuous pursuit of the claim.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 1, 2019
- Citation
- 19159964
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 19159964.
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 a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Remanded (sent back)
The character of the appellant's uncharacterized discharge is not a bar to the receipt of Department of Veterans Affairs (VA) benefits; to this extent only, the claim is granted.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
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