The Board has determined that a disability rating in excess of 40 percent for the Veteran's service-connected right shoulder disability is not warranted based on the evidence of record. The Veteran's symptoms, while severe, do not meet or approximate the criteria for a higher evaluation under any applicable diagnostic code.
The deciding factor: The Veteran's right shoulder disability has been characterized by symptoms equivalent to limitation of motion of the arm at 25 degrees from the side, which corresponds to a 40 percent rating under Diagnostic Code 5201. The evidence does not support an increase in his disability rating beyond this level.
- Claimed conditions
- Recurrent tear with rotator cuff contracture, Degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 22, 2011
- Citation
- 1123660
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 1123660.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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