The veteran's right shoulder disability has been rated at 30 percent prior to September 13, 2003. For the period from December 1, 2003, a higher rating is not warranted.
The deciding factor: The evidence shows that for the period prior to September 13, 2003, the veteran's right shoulder disability resulted in constant pain, stiffness, and limitation of motion with some flare-ups. However, even when considering pain, there was no functional loss consistent with or comparable to unfavorable ankylosis.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 22, 2005
- Citation
- 0508423
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 0508423.
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.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right shoulder disability is related to his service-connected TMJ.
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