The Veteran's right shoulder surgery on May 7, 2008 resulted in post-operative diagnoses of impingement syndrome and degenerative joint disease. The Board finds that the criteria for a temporary total rating based on need for convalescence do not meet as the effective date for service connection was June 9, 2008, which predates the surgery.
The deciding factor: The effective date for service connection of right shoulder arthritis is prior to the May 7, 2008 surgery, making it ineligible under the provisions of 38 C.F.R. § 4.30.
- Claimed conditions
- Right Shoulder Arthritis, Degenerative Joint Disease of the Right Acromioclavicular Joint, Grade 3 and Areas of Grade 4 Degenerative Changes of Humeral Head, Labral Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2016
- Citation
- 1601263
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 1601263.
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 determined that the Veteran's claims for increased evaluations and service connection are remanded due to inadequate medical opinions at the time of the June and August 2025 decisions. The cases will be returned to the AOJ for further development.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in the initial disability rating for right shoulder arthritis. The Veteran needs an addendum medical opinion regarding additional lost range of motion during painful flare-ups.
- Denied
The Veteran's claim for an increased rating in excess of 30 percent for his right shoulder disability was denied. The VA determined that the Veteran's condition, which includes strain, impingement syndrome, labral tear, and osteoarthritis, is currently manifested by limitation of motion to 45 degrees (midway between side and shoulder level), warranting a 30 percent rating.
- Denied
The Board denied the Veteran's claim for service connection for a right shoulder disability, finding that there was no evidence of chronic in-service injury or disease leading to arthritis and strain. The Board also found that continuity of symptomatology since service could not be established.
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.