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 assigned
- 30%
- Decision date
- February 9, 2009
- Citation
- 0904504
Veterans Law Judge
Decisions by this judge: 684 · Granted: 25% (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 0904504.
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.
- 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.
- 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.
- 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.
- 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.
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