The Board has determined that there was clear and unmistakable error in the September 2018 decision, resulting in a reversal of the initial compensable rating for right shoulder fracture from February 6, 2014 to April 29, 2018, and an increased rating of 30 percent disabling from April 30, 2018.
The deciding factor: The September 2018 decision failed to consider the Veteran's painful motion and frequent episodes of recurrent dislocation of the right shoulder joint, which warranted a minimum compensable rating under DC 5003 and a separate evaluation under DC 5202 for recurrent dislocations.
- Claimed conditions
- Right Shoulder Fracture, Degenerative Changes at Synchondrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2019
- Citation
- 19194824
Veterans Law Judge
Decisions by this judge: 115 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19194824.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted a 40 percent disability rating for the Veteran's right shoulder fracture with degenerative joint disease, which is more than the current 20 percent rating. The decision also notes that this raises the combined evaluation for both shoulders to 60 percent.
- Denied
The Veteran's claim for a higher rating for his right shoulder disability is denied. The RO has granted a 40% rating effective July 19, 2019.
- Denied
The Veteran's initial ratings for the service-connected right shoulder disability have been denied as his conditions do not warrant a higher rating.
- Denied
The Veteran's right shoulder fracture is rated as noncompensable from February 6, 2014 to April 30, 2018 and 20 percent since April 30, 2018. The Board found no evidence of limitation of motion at the shoulder level or dislocation, malunion, or nonunion of the clavicle or scapula.
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