The veteran's claims for increased ratings and service connection were denied. The right shoulder disability was rated as noncompensable prior to December 16, 2005, and at 20 percent thereafter. Sleep apnea remains at a 50 percent rating. Service connection for the neck condition and chronic inflammatory demyelinating polyradiculoneuropathy were denied.
The deciding factor: The veteran's right shoulder disability was found to be secondary to a non-service connected neuromuscular disorder, resulting in no compensable rating prior to December 16, 2005. After that date, the condition resulted in more than just weakened movement and excess fatigability, warranting only a 20 percent rating.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Right Shoulder Disability (Status Post Right Biceps Tendon Rupture and Rotator Cuff Repair), Osteoarthritis of the Neck, Chronic Inflammatory Demyelinating Polyradiculoneuropathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2008
- Citation
- 0821669
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 0821669.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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