The Board denied the Veteran's claims for increased ratings for rotator cuff tendinitis of the left shoulder and tendinopathy of the right shoulder, finding that there was no limitation of motion at shoulder level in either shoulder to warrant a higher rating.
The deciding factor: The VA examiner found that the Veteran’s range of motion did not result in limitation of motion near or at the shoulder level, which is insufficient for a 20 percent rating under DeLuca v. Brown (1995).
- Claimed conditions
- rotator cuff tendinitis, tendinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2019
- Citation
- 19103146
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.
- Granted
The Board granted service connection for a right arm disability, diagnosed as right shoulder strain, tendinopathy, tendinosis, and degenerative joint disease, based on the evidence showing that these conditions initially manifested during service and continuously progressed and worsened after discharge.
- Denied
The Board denied service connection for right shoulder pain as the evidence did not support a nexus between the Veteran's condition and his active military service.
- Remanded (sent back)
The Board has remanded the case due to additional VA clinical documentation being submitted after the April 2019 supplemental statement of the case. The Veteran did not waive review of this new evidence.
- Granted
The Board granted a 50 percent rating for the right upper extremity disability and a 40 percent rating for the left upper extremity disability, effective throughout the period on appeal.
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