The Board denied increased ratings for left shoulder and cervical spine disabilities, as well as entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 14, 2004.
The deciding factor: The evidence did not meet the criteria for higher ratings under applicable diagnostic codes due to lack of medical findings supporting more severe disability levels or service connection based on new evidence.
- Claimed conditions
- left shoulder degenerative joint disease, cervical spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2009
- Citation
- 0919793
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 0919793.
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.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Denied
The Veteran's claim for a higher rating for left shoulder degenerative joint disease with glenohumeral joint instability was denied as his disability did not more nearly approximate limitation of motion to 25 degrees from the side.
- Granted
The Board has granted service connection for tinnitus, cervical spine degenerative arthritis, thoracic strain, right upper extremity radiculopathy, right knee degenerative arthritis and chondromalacia patella, left knee degenerative arthritis and chondromalacia patella, left ankle ganglion cyst and ruptured saphenous vein, and left great toe matrixectomy with a left medial foot scar. The Board found that the Veteran's conditions are related to his military service.
- Dismissed
The Board has dismissed the appeals for all claims of service connection, including those for bilateral flat feet, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, right CTS, left CTS, essential tremors, right ankle arthritis, right shoulder arthritis, and left knee arthritis. The appeal of sleep apnea was granted in a July 2024 rating decision.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.