The Board has determined that the veteran's right shoulder disability does not warrant a rating in excess of 30 percent for the period prior to September 22, 2006 and a rating in excess of 40 percent from September 22, 2006.
The deciding factor: The evidence shows that the veteran's right shoulder disability has not resulted in ankylosis or fibrous union, which would warrant higher ratings under Diagnostic Codes 5200-5203. The current rating of 40 percent adequately reflects his functional limitations and pain.
- Claimed conditions
- Right Shoulder Separation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 3, 2008
- Citation
- 0829765
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 0829765.
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 has dismissed the appeals for a higher rating for right shoulder separation and PTSD as of December 30, 2014. The remaining issues have been REMANDED for further development.
- Granted
The Veteran's right shoulder disability is rated at a 30 percent evaluation after April 1, 2018. The claim for TDIU was denied as the service-connected conditions do not prevent him from obtaining or maintaining employment.
- Granted
The Veteran's right shoulder disability, which has been rated as ankylosis of the scapulohumeral articulation, is found to more closely approximate unfavorable ankylosis for the entire claim/appeal period. As a result, the Veteran is granted a 50 percent evaluation.
- Granted
The Veteran's claim for a higher initial rating was granted, and she is now receiving a 20% rating for her right shoulder separation from June 11, 2011.,An effective date of September 3, 2008 has been established for the award of service connection for residuals of a right shoulder separation.
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