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
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0814205.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's left shoulder degenerative arthritis and right shoulder impingement are rated at 40 percent and 20 percent, respectively. The decision grants these ratings.
- Denied
The Veteran's claim for service connection for sleep apnea was denied as there is no current diagnosis of the condition.,PTSD resulted in reduced reliability and productivity, but did not meet criteria for a higher rating.,Tension headaches did not meet criteria for a higher rating based on characteristic prostrating attacks.,Degenerative arthritis of cervical spine did not meet criteria for a higher rating due to limitation of motion.,Right shoulder impingement did not meet criteria for a higher rating due to limitation of motion.,Left shoulder impingement syndrome, rotator cuff tendonitis, did not meet criteria for a higher rating due to limitation of motion.,IBS manifested as moderate, frequent episodes of abdominal distress and did not meet criteria for a higher rating.
- Dismissed
The Board dismissed the appeal regarding right shoulder impingement due to the appellant's request for withdrawal of the appeal.
- Remanded (sent back)
The Board remands the claims for a right shoulder impingement rating in excess of 20 percent and service connection for a left shoulder disability, as both require additional evidence to be considered.
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