The Board found that the Veteran's post-operative right shoulder disability did not warrant an evaluation in excess of 30 percent, and a separate 10 percent rating was warranted for the right shoulder scar.
The deciding factor: The limitation of motion of the right shoulder did not meet or approximate the criteria for higher ratings under applicable diagnostic codes.
- Claimed conditions
- Post-operative right shoulder disability, Right shoulder scar, post-operative residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 23, 2009
- Citation
- 0910754
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 denied increased ratings for cervical spine, right and left upper extremity radiculopathy, left shoulder arthritis, left and right shoulder instability, and a right shoulder scar disabilities but granted restoration of the 20 percent rating for right shoulder instability.
- Partly granted
The Board granted a 60 percent rating for the right shoulder disorder and denied a compensable rating for the right shoulder scar. The neck disorder was remanded for further development.
- Partly granted
The Board granted an initial evaluation of 60 percent for residuals of a right shoulder prosthetic joint replacement and a total disability rating based on individual unemployability due to service-connected disabilities, while denying an initial compensable rating for a residual right shoulder scar.
- Denied
The Veteran's claim for an initial compensable rating for residuals of lung cancer was denied as the FEV-1/FVC test result, which most accurately reflects his disability level, is 98 percent and does not meet the criteria for a compensable rating.
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