The Veteran's right shoulder disability does not meet the criteria for a rating greater than 10 percent, and he is not entitled to special monthly compensation based on loss of use of a creative organ. The July 2000 RO decision assigning an effective date of February 1998 for a 100% disability rating for his service-connected acquired psychiatric disorder did not contain clear and unmistakable error.
The deciding factor: The Veteran's right shoulder has not shown limitation to shoulder level or any other criteria warranting a higher rating. There is no evidence of loss of use of a creative organ, nor was there clear and unmistakable error in the July 2000 RO decision.
- Claimed conditions
- Right shoulder disability (degenerative joint disease, status post rotator cuff tear)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 11, 2009
- Citation
- 0908996
Veterans Law Judge
Decisions by this judge: 3,319 · 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 0908996.
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