The Board denied an increased rating for the veteran's right shoulder impingement, finding that the current 10 percent rating accurately reflects the severity of the condition.
The deciding factor: The range of motion for the arm was not limited to shoulder level, and there was no evidence of additional functional loss due to pain or other factors as required by DeLuca v. Brown.
- Claimed conditions
- right shoulder impingement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 30, 2008
- Citation
- 0814205
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 Board remands the matter for updated medical records and a new VA examination due to an inadequate June 2018 VA examination report.
- Partly granted
The Board denied a rating in excess of 10 percent for right and left knee chondromalacia prior to August 29, 2020, granted a separate 10 percent rating for right knee instability from July 2, 2018, and denied a compensable rating for right and left knee chondromalacia from August 29, 2020. The Board also denied a rating in excess of 20 percent for right shoulder impingement.
- Denied
The Veteran's service-connected right shoulder impingement and bicipital tendinitis with degenerative changes is currently rated at 20 percent, but the Board found that this rating was not appropriate given the current manifestations of his condition. The appeal was denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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