The Veteran's claims for increased ratings were denied, with the effective date of the increased rating for traumatic degenerative changes, right shoulder being May 10, 2006.
The deciding factor: The medical evidence did not show a 30 percent disability rating for the right shoulder until May 10, 2006, and thus an earlier effective date was not warranted.
- Claimed conditions
- Traumatic degenerative changes, right shoulder, Residuals of compression fracture, T12-L1, Cervical spine degenerative changes, Residuals of head injury with tinnitus, headaches, and history of dizziness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 9, 2009
- Citation
- 0904504
Veterans Law Judge
Decisions by this judge: 684 · Granted: 25% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0904504.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's cervical spine disability and basilar artery insufficiency are currently rated at the lowest possible levels, with a 10 percent rating for a residual neck scar effective February 13, 2014. The Board denied higher ratings for these conditions.
- Whole decision: Granted
The Board has granted a total disability evaluation based on individual unemployability (TDIU) on an extra-schedular basis from September 29, 2011, to March 15, 2021.
- Whole decision: Granted
The Veteran's cervical spine disability is rated at 30 percent since August 10, 2010. The Board found that the Veteran’s symptoms more closely approximated a limitation of forward flexion to 15 degrees or less.
- Whole decision: Granted
The Veteran's cervical spine disabilities, along with his left upper extremity neurological involvement, have resulted in a need for regular aid and assistance with daily activities. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.