The appeal to reopen the claims for neck and right shoulder disabilities is granted. The claim for a rating in excess of 50 percent for PTSD is denied, but the Veteran's notice of disagreement regarding the effective date for an acquired psychiatric disorder was not timely filed.
The deciding factor: The evidence submitted since the last denial raised reasonable possibility of substantiating the claims for neck and right shoulder disabilities by providing alternate theories of entitlement. The rating assigned for PTSD does not meet the criteria for a higher rating due to lack of occupational and social impairment with deficiencies in most areas as required for a 70 percent rating.
- Claimed conditions
- neck disability, right shoulder disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 9, 2020
- Citation
- 20001894
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 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).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Dismissed
The appeal was dismissed due to the Veteran's death, as an appellant's claim does not survive their death.
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