The Veteran's claim for an increased rating for his right shoulder disability was denied. The Board found that the evidence did not show limitation of motion to shoulder level, which is required for a higher rating under Diagnostic Code 5201.
The deciding factor: The VA examinations and treatment records showed that the Veteran's range of motion testing was better than limited to shoulder level (90 degrees) prior to May 20, 2008, and there were no other treatment records demonstrating limitation of motion to shoulder-level since then. The Board found that these findings did not meet the criteria for a higher rating.
- Claimed conditions
- Right proximal humerus fracture, Right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 10, 2010
- Citation
- 1042298
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 1042298.
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 denied service connection for a right shoulder disability and remanded the case for further action on heart disability. The decision regarding right shoulder disability is that it was not incurred in or aggravated by service.
- Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including low back, left hip, right hip, left shoulder, and right shoulder disabilities. The VA examinations did not provide adequate opinions regarding the etiology of these conditions.
- Granted
The Board has granted service connection for the Veteran's right shoulder disability as secondary to his service-connected left shoulder disability, finding that the evidence is in equipoise and granting secondary service connection.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional examinations and evaluations regarding his claimed knee, shoulder, and back disabilities. The Board finds that a VA examination should be conducted to determine the nature and etiology of any bilateral knee, shoulder, or back disabilities.
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