The Veteran's right shoulder disability warranted a rating of 20 percent prior to February 9, 2004, and no higher from that date. The claims for service connection for neck and upper back disabilities were denied.
The deciding factor: The level of severity more closely approximated the criteria for a 20 percent rating due to painful motion with weakness, but an even higher rating was not warranted as there was no evidence showing limitation midway between side and shoulder level or worse.
- Claimed conditions
- Right Shoulder Disability, Neck Disability, Upper Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 13, 2009
- Citation
- 0905480
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Remanded (sent back)
The character of the appellant's uncharacterized discharge is not a bar to the receipt of Department of Veterans Affairs (VA) benefits; to this extent only, the claim is granted.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
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