The Veteran's claims for increased ratings for left shoulder strain and TBI were denied in an August 2017 rating decision. The Veteran did not appeal this decision within one year, making it final.,In a September 2019 rating decision, the left shoulder strain rating was increased to 20 percent, and the TBI increased to 40 percent, effective April 12, 2019, the date the intent to file was received. The Veteran did not submit a claim for an earlier effective date prior to this date.,The Veteran's application for TDIU was granted in September 2019, effective April 12, 2019, based on his last reported work as of November 2017 and the VA examiner's assessment of his unemployability due to PTSD.
The deciding factor: The evidence did not demonstrate a factually ascertainable increase in disability prior to April 12, 2019 for either condition.
- Claimed conditions
- left shoulder strain, traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2024
- Citation
- A24021834
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 A24021834.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for bilateral hearing loss, tinnitus, lumbar spine disability, right hand disability, left hip disability, TBI, and left knee disability have all been denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.,Specifically, the VA examination in December 2019 determined that the Veteran's hearing loss and tinnitus were not related to his military service.
- Partly granted
The Veteran's hypertension, left shoulder strain, and right shoulder disability are all granted as service-connected.,The Veteran is also remanded for a rating in excess of 10 percent for degenerative arthritis of the spine and for service connection for sleep apnea.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's withdrawal of the appeal.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions and a need for additional examination.
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