The Veteran's petition to reopen his previously denied claim for service connection for a right shoulder disorder was received within one year of the December 2009 rating decision. The Board found that this submission did not constitute a valid notice of disagreement and thus, the effective date is September 1, 2010. His bilateral hearing loss disability has been granted as incurred in service. The Veteran's right knee and right shoulder disabilities are remanded for further evaluation.
The deciding factor: The Veteran’s petition to reopen his previously denied claim was received within one year of the December 2009 rating decision, but did not constitute a valid notice of disagreement with that decision.
- Claimed conditions
- right shoulder degenerative arthritis, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181773
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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