The Board granted the petition to reopen the claim for service connection for a left shoulder disability and remanded the claims for service connection for left leg, right leg, neck, back, and left hip disabilities.
The deciding factor: The reopened claim was granted due to new evidence that triggered VA's duty to assist. The other claims were remanded for further development.
- Claimed conditions
- left shoulder disability, left leg disability, right leg disability, neck disability, to include status post foraminotomy, back disability, to include lumbar facet joint arthrosis, left hip disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- 21061541
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.