For the initial rating period from June 16, 2009 to February 24, 2016, a higher initial disability rating of 20 percent for the left shoulder disability is granted.,For the initial rating period from February 24, 2016 forward, a higher initial disability rating in excess of 20 percent for the left shoulder disability is denied.,For the initial rating period from June 16, 2009 to December 7, 2017, a higher initial disability rating in excess of 10 percent for the right ankle disability is denied.,For the initial rating period from December 7, 2017 forward, a higher initial disability rating of 40 percent for the right lower extremity radiculopathy is granted.
The deciding factor: The Veteran's left shoulder disability has been manifested by symptoms of pain and painful movement that are productive of limitation of motion at shoulder level without ankylosis or fibrous union of the humerus. The Board finds a higher initial rating of 20 percent, but no higher, for the left shoulder disability more nearly approximated.,For the period from February 24, 2016 forward, the Veteran's left shoulder disability has not been manifested in limitation of motion to 25 degrees from the side. Therefore, a higher initial rating in excess of 20 percent is not warranted.,The right ankle disability was manifested by symptoms such as constant pain, swelling, and instability for which a 10 percent rating under Diagnostic Code 5271 has been assigned. The Board finds no evidence to support a higher initial rating in excess of 10 percent for the period from June 16, 2009 to December 7, 2017.,For the period from December 7, 2017 forward, the Veteran's right lower extremity radiculopathy has manifested in moderately severe incomplete paralysis of the sciatic nerve without symptoms of severe incomplete paralysis. The Board finds a higher initial rating of 40 percent for this condition more nearly approximated.
- Claimed conditions
- Left Shoulder Strain, Right Ankle Fracture Residuals, Lumbar Spine Disability, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2020
- Citation
- 20029608
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 20029608.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
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