The Veteran's right shoulder, knee, and GERD conditions do not meet the criteria for higher initial disability ratings. Service connection was denied for a right foot disorder and chest pain.
The deciding factor: The evidence does not show that the Veteran's right shoulder condition has limitation of motion midway between the side and shoulder level or arthritis with pain not contemplated by the rating criteria, nor is there a current diagnosis of arthritis. The knee conditions do not meet the criteria for higher ratings due to lack of limitation of motion, flexion to 30 degrees, or a current diagnosis of arthritis. GERD does not show persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation accompanied by substernal or arm or shoulder pain.
- Claimed conditions
- right shoulder condition, right foot disorder, chest pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905284
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.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Remanded (sent back)
The Board remands the claims for service connection for back, left wrist, left and right knee, and left and right shoulder conditions due to missing personnel records and an inadequate VA medical opinion.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions, including left and right leg, arm, knee, shoulder, kidney, plantar fasciitis, and back conditions, as further development is needed to address pre-decisional duty to assist errors.
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