The Veteran's right shoulder disability has been rated at 30 percent, and his left shoulder disability at 20 percent. Both conditions are not found to warrant higher ratings.,The Veteran is granted a TDIU based on the combined effect of his service-connected disabilities.
The deciding factor: The VA examinations have consistently shown that the Veteran's right and left shoulders do not meet the criteria for higher disability ratings under any applicable diagnostic codes, as they do not exhibit ankylosis, loss of head, nonunion or fibrous union of the humerus, malunion of the humerus with moderate or marked deformity, flail shoulder, or significant limitation in motion that would warrant a higher rating. The Veteran's complaints of pain have been considered but found to be without additional functional impairment beyond what is already contemplated by the assigned ratings.,The Veteran has multiple service-connected disabilities including depression and erectile dysfunction secondary to depression, which are rated at 100 percent combined with his shoulder conditions resulting in a combined rating of over 70 percent. The TDIU criteria have been met.
- Claimed conditions
- Chronic recurrent bilateral shoulder dislocations with multi-directional instability post-capsular shift, Degenerative joint disease and status post rotator cuff repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2019
- Citation
- 19182979
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
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