The veteran's service-connected right shoulder disability is not manifested by dislocation or nonunion of the clavical or scapula, ankylosis or compensable limitation of motion, or degenerative changes in more than one joint or joint group. The Board denied a higher initial rating.
The deciding factor: The veteran's range of motion tests show that both his flexion and abduction are above 90 degrees actually and functionally, as he does not report pain until 90 degrees or higher. Therefore, a disability rating higher than the current 10 percent is not warranted under any DC specific to arm and shoulder disabilities.
- Claimed conditions
- impingement syndrome with arthritic changes of the acromioclavicular joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901649
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
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