Service connection for right shoulder strain and degenerative arthritis is granted.,Initial ratings of 10 percent, but no higher, are assigned for right knee osteoarthritis with limitation of flexion; 20 percent, but no higher, are assigned for right knee osteoarthritis with limitation of extension. ,TDIU from March 14, 2017 is granted.,Initial ratings in excess of 10 percent for left knee osteoarthritis and thoracic and lumbar strain with degenerative arthritis are denied.,TDIU prior to March 14, 2017 on an extraschedular basis under 38 C.F.R. § 4.16(b) is remanded.,Initial ratings in excess of 10 percent for right upper extremity radiculopathy are granted.
The deciding factor: The evidence is at least evenly balanced as to whether the current right shoulder strain and degenerative arthritis are related to a military fall injury during basic training. The Veteran's reports about this injury are credible.,The limitation of motion of right knee flexion more nearly approximated 45 degrees, with consideration of functional impairment during flare-ups and repetitive use; at no time did it more nearly approximate 30 degrees.,The limitation of motion of right knee extension more nearly approximated 15 degrees, with consideration of functional loss; at no time did it more nearly approximate 20 degrees.,Throughout the entire rating period, the Veteran's right or left knee instability did not more nearly approximate moderate instability.,The Veteran’s lumbar spine disability did not more nearly approximate unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months that required bed rest prescribed by a physician.,The Veteran’s cervical spine disability more nearly approximated forward flexion to 15 degrees with consideration to functional impairment; ankylosis is not shown or incapacitating episodes of cervical spine IVDS having a total duration of at least 4 weeks during the past 12 months that required bed rest prescribed by a physician.,Prior to January 12, 2018, the Veteran’s right upper extremity radiculopathy more nearly approximated moderate incomplete paralysis of the upper radicular group. From January 12, 2018, it more nearly approximated complete paralysis of the upper radicular group.
- Claimed conditions
- right shoulder strain, right shoulder degenerative arthritis, right knee osteoarthritis, left knee osteoarthritis, thoracic and lumbar spine degenerative arthritis, cervical spine DJD with IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19144735
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
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