The veteran's right arm functional impairment does not meet or approximate limitation of motion to 25 degrees from the side, and his range of motion is in excess of midway between the side and shoulder level, even considering pain on motion. As a result, the veteran's claim for a rating in excess of 30 percent for residuals of a dislocation of the right acromioclavicular joint was denied.
The deciding factor: The VA examiner found that the veteran had very mild muscle atrophy and nearly full range of motion of his shoulder, with normal strength. The examiner opined that the service-connected injury indirectly aggravated the rotator cuff tear but no longer produced significant residual symptoms.
- Claimed conditions
- Dislocation of the right acromioclavicular joint, Rotator cuff tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 27, 2003
- Citation
- 0301498
Veterans Law Judge
Decisions by this judge: 680 · Granted: 24% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0301498.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased evaluation of his right shoulder disability is being remanded due to a duty to assist error. The Board will provide the Veteran with another VA examination to assess the severity and manifestations of his service-connected right shoulder impingement syndrome, bicipital tendonitis, rotator cuff tear, tendonitis, and degenerative arthritis.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, which was granted for special monthly compensation based on aid and attendance.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to pre-decisional duty to assist errors and a need for an adequate examination.
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