The Board denied the Veteran's appeal for restoration of a 20 percent disability rating and an increased rating for his right shoulder disability, as well as service connection for degenerative joint disease of the lumbosacral spine.
The deciding factor: There was not objective evidence demonstrating improvement in the severity of the Veteran's right shoulder disability at the time of the reduction in the assigned disability rating.
- Claimed conditions
- residuals of a right shoulder strain with tendonitis, degenerative joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 17, 2009
- Citation
- 0909785
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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Dismissed
The Board dismissed all claims for increased ratings as the Veteran withdrew his appeals prior to a decision being made.
- Partly granted
The Board granted reopening of a previously denied headaches claim based on new and material evidence, but denied service connection for headaches, neck condition, and diabetes mellitus due to lack of evidence establishing nexus to military service. The Board remanded claims for lumbosacral spine disability rating, sleep apnea, depression/anxiety, and TDIU for further examination and development.
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