The veteran's claims for increased ratings for his service-connected right shoulder capsular shift, left shoulder tendinitis, and spondylosis and spondylolisthesis of the lumbar spine were denied. The RO assigned initial disability ratings but did not address whether these ratings are correct or appropriate.
The deciding factor: The veteran's claims for increased ratings were denied as they failed to meet the criteria established by VA regulations for an increase in rating.
- Claimed conditions
- residuals of right shoulder capsular shift, left shoulder tendinitis, spondylosis and spondylolisthesis of the lumbar spine (from December 16, 1997 to September 1, 1998), spondylosis and spondylolisthesis of the lumbar spine (on and after September 2, 1998), thoracic outlet syndrome, right arm, thoracic outlet syndrome, left arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2003
- Citation
- 0333176
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 0333176.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the death of the appellant, and no substitute has been filed within the required timeframe.
- Denied
The Board denied service connection for left shoulder arthritis, left shoulder tendinitis, right shoulder arthritis, right shoulder contusion, neck disability (cervical spine stenosis, degenerative changes, degenerative disc disease and spondylosis), right upper extremity tremors, and left upper extremity tremors as they were not etiologically related to service.
- Granted
The Board granted service connection for thoracic outlet syndrome, finding that the Veteran's symptoms began in service due to overuse of his arms during deployment.
- Remanded (sent back)
The Board remands the claim for service connection for thoracic outlet syndrome to obtain an addendum opinion addressing whether the condition existed prior to service and, if so, whether it was aggravated by service.
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