The Veteran's claims for service connection for a right shoulder condition and an increased initial evaluation for his right knee disability were denied as there was no current diagnosis of a right shoulder disability, and the evidence did not support a higher rating for the right knee.
The deciding factor: There is no current diagnosis of a right shoulder disability, and the Veteran's symptoms remained constant throughout the course of the period on appeal, thus no staged ratings are warranted.
- Claimed conditions
- right shoulder separation, right knee patellofemoral syndrome with x-ray findings of mild osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908488
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.
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The appeal of the June 2022 proposal to discontinue the separate rating for right shoulder separation was dismissed, and a compensable rating for left ear hearing loss was denied. The issues regarding the right shoulder, right upper extremity radiculopathy, and service connection for high blood pressure were remanded.
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