Service connection for right shoulder strain and degenerative arthritis is granted.,Initial ratings of 10 percent, but no higher, for right knee osteoarthritis with limitation of flexion are granted.,Initial ratings of 20 percent, but no higher, for right knee osteoarthritis with limitation of extension are granted.,TDIU from March 14, 2017 is granted.,TDIU prior to March 14, 2017 on an extraschedular basis under 38 C.F.R. § 4.16(b) is remanded.

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 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.,From March 14, 2017 to September 28, 2017, the evidence is at least evenly balanced as to whether the Veteran's service-connected thoracic and lumbar spine degenerative arthritis, cervical spine DJD with IVDS and associated right upper extremity radiculopathy precluded him from being able to secure or follow substantially gainful employment.

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

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 19144735.