The Veteran's appeal for revision of the November 2011 rating decision was denied as there was no clear and unmistakable error in assigning the effective date.,The December 2022 decision containing CUE was granted, with a separate evaluation for limited motion being terminated.
The deciding factor: Both decisions contained clear and undebatable legal errors resulting from impermissible pyramiding of symptoms.
- Claimed conditions
- left shoulder tendonitis, left arm disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2023
- Citation
- A23036801
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 A23036801.
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.
- Denied
The Veteran's claims for earlier effective dates for his service-connected left shoulder tendonitis, right shoulder tendonitis, left knee tendonitis, and right elbow tendinitis (impairment of supination and pronation) have been denied.,The Veteran's claim for an earlier effective date for his service-connected right elbow tendinitis (limitation of flexion) has also been denied.
- Granted
The Veteran's claims for service connection for left shoulder, left arm, and right knee disabilities have been granted due to new evidence presented. The cases are being remanded for further examination and rating.
- Granted
The Veteran's service connection for right shoulder degenerative arthritis is granted. The claims for higher ratings for bilateral pes cavus, left ankle impingement, and left knee disability are remanded due to the need for additional evidence.
- Granted
The Board has granted service connection for the Veteran's left shoulder disability, including rotator cuff tear with degenerative arthritis and tendonitis, finding that it is related to his military service.
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