The Veteran's claims for an effective date earlier than January 28, 2009 for the award of service connection for right rotator cuff tendonitis with mild acromioclavicular arthritis and for a compensable rating for dyspnea on exertion are denied. The Board has also remanded the issues of entitlement to service connection for a pulmonary and/or respiratory disability (other than service-connected sinusitis and dyspnea on exertion) and for a skin disability, to include dermatitis and tinea corporis.
The deciding factor: The Veteran's claims were not supported by evidence received within one year of the March 2006 rating decision denying his claim for right rotator cuff tendonitis with mild acromioclavicular arthritis. The effective date is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
- Claimed conditions
- Right rotator cuff tendonitis with mild acromioclavicular arthritis, Pulmonary and/or respiratory disability (other than service-connected sinusitis and dyspnea on exertion), Skin disability, to include dermatitis and tinea corporis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2021
- Citation
- 21021168
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 21021168.
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
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- Granted
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