The Veteran's service-connected lumbar spine degenerative disc disease with mechanical low back strain is not manifested by incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, lower extremity neurological impairment, or unfavorable ankylosis of the entire thoracolumbar spine.,For the period from September 18, 2006 to October 25, 2009, the Veteran was in receipt of the maximum schedular evaluation for his service-connected right shoulder degenerative joint disease and was not shown to present an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards.,For the period from October 26, 2009, the preponderance of the probative evidence shows that the Veteran's service-connected right shoulder degenerative joint disease was productive of no more than, at best, right arm limitation of motion midway between the side and shoulder level.
The deciding factor: The medical evidence does not support a higher rating for either condition.
- Claimed conditions
- lumbar spine degenerative disc disease with mechanical low back strain, right shoulder degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 14, 2010
- Citation
- 1038598
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 1038598.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Dismissed
The appeal to sever service connection for right shoulder degenerative joint disease is dismissed.
- Granted
The Veteran's service-connected disabilities are severe enough to require the aid and attendance of another, effective April 3, 2020. The appeal for SMC based on housebound status is dismissed as moot due to the award of SMC under section 1114(l).
- Remanded (sent back)
The Board has determined that the Veteran's right shoulder disability may have pre-existed service and is requesting further medical opinion to determine if it was aggravated by service. The claim will be remanded for this purpose.
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