The Board granted a revision of the October 2015 rating decision based on clear and unmistakable error, assigning an initial 30 percent evaluation for left shoulder disability effective June 24, 2011.
The deciding factor: The RO incorrectly noted that there was no evidence of limitation of motion of the arm midway between the side and shoulder level, or less degrees, which constituted CUE as it manifestly changed the outcome of the decision.
- Claimed conditions
- left shoulder degenerative joint disease status post rotator cuff and glenoid labrum tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 6, 2024
- Citation
- A24072450
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
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Other Board decisions on a similar condition or argued the same way.
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