The Veteran's claim for service connection for left shoulder strain was initially denied in January 2004. He filed a timely Notice of Disagreement in February 2004, which initiated an appeal process. The Board found new and material evidence to reopen the claim in August 2022 but did not grant it. In November 2023, he requested higher-level review, leading to a denial of his request for earlier effective date due to lack of timely Notice of Disagreement filed within one year of January 2004 decision.
The deciding factor: The Board found that the February 2004 correspondence was received within one year of notice of the January 2004 rating decision and constituted a timely informal notice of disagreement, thus not making the January 2004 decision final.
- Claimed conditions
- left shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2024
- Citation
- A24083995
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 A24083995.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions and a need for additional examination.
- Denied
The Veteran's initial 10% disability rating for left shoulder strain was upheld as there was no clear and unmistakable error in the September 2010 Rating Decision.
- Denied
The Board has denied the Veteran's claims for service connection for left shoulder, right shoulder, and low back disabilities due to a lack of evidence linking these conditions to his active military service.
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