Citation Nr: 21012495
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 10-49 277
DATE: March 4, 2021

ORDER

The 50 percent rating for right elbow degenerative joint disease (DJD) is restored effective August 1, 2010.

FINDING OF FACT

In a July 2020 Memorandum Decision, the Court determined that the 50 percent disability rating for right elbow DJD should be restored from August 1, 2010.

CONCLUSION OF LAW

The criteria for restoration of the 50 percent rating for the Veteran’s right elbow DJD, effective August 1, 2020, have been met. 38 U.S.C. § 1155, 5107; 38 C.F.R. §§ 3.105(e), 4.1, 4.7, 4.115b, Diagnostic Code 5003-5206.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1974 to September 1977, and from January 2007 to May 2008.  

In April 2012, the Veteran testified at a travel board hearing before the undersigned. A transcript of the hearing is of record.

In April 2019, the Board denied restoration of the 50 percent disability rating for right elbow degenerative joint disease with joint spur. The Veteran appealed the April 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In a Memorandum Decision, the Court reversed the Board and ordered the Board to restore the 50 percent rating for right elbow degenerative joint disease (DJD) effective August 1, 2010. 

In light of the Court’s decision, the 50 percent rating for right elbow degenerative joint disease (DJD) is restored effective August 1, 2010. 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Hite, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.