The Veteran's service-connected gunshot wound of the left shoulder and arm is not manifested by actual loss of use of the left shoulder and arm, and his major depression is manifested by occupational and social impairment with an occasional decrease in work efficiency and intermittent periods of an inability to perform occupational tasks. The Veteran's combined disability rating does not preclude him from securing and maintaining gainful employment.
The deciding factor: The severity of the Veteran's service-connected gunshot wound of the left shoulder and arm and major depression did not meet the criteria for a higher disability rating, as they were only manifested by occasional decrease in work efficiency and intermittent periods of an inability to perform occupational tasks. The Veteran's combined disability rating also did not preclude him from securing and maintaining gainful employment.
- Claimed conditions
- gunshot wound of the left shoulder and arm, major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904957
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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- Partly granted
The Veteran's eligibility for Dependents' Educational Assistance (DEA) was granted from May 20, 2016. The Board also remanded the claim for a higher disability rating for his lumbosacral strain, degenerative joint disease and intervertebral disc syndrome.
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