The Board denied the Veteran's request for an effective date prior to February 25, 2014, for a 20 percent rating for service-connected right shoulder separation. The decision found no CUE in the May 2003 rating decision and that the assignment of the initial 10 percent rating was supported by the evidence at that time.
The deciding factor: The Board determined there was no clear and unmistakable error (CUE) in the May 2003 rating decision, which assigned a 10 percent rating for the Veteran's right shoulder separation. The assignment of this initial rating was based on the facts as they were known at that time.
- Claimed conditions
- right shoulder separation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 12, 2024
- Citation
- A24073787
Veterans Law Judge
Decisions by this judge: 141 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24073787.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an increased rating for right shoulder separation and service connection for bilateral plantar fasciitis, but denied the appellant's claim of clear and unmistakable error in a previous May 2003 decision.
- Granted
Effective dates of February 23, 2023 have been granted for the award of service connection for right shoulder separation, diabetes, dry eyes, peripheral neuropathy of left lower extremity, and peripheral neuropathy of the feet.
- Partly granted
The appeal of the June 2022 proposal to discontinue the separate rating for right shoulder separation was dismissed, and a compensable rating for left ear hearing loss was denied. The issues regarding the right shoulder, right upper extremity radiculopathy, and service connection for high blood pressure were remanded.
- Granted
The Veteran is granted a total disability based on individual unemployability (TDIU) effective March 7, 2015 due to service-connected disabilities that have rendered him unable to secure or follow a substantially gainful occupation.
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