The Veteran's left shoulder disability is rated at 20 percent, and the Board denied an increased rating.,For his right hip degenerative joint disease prior to December 23, 2008 and from March 1, 2009 to January 7, 2013, the Veteran's ratings were denied. From March 1, 2014 to November 20, 2019, his rating was also denied. Beginning November 21, 2019, a higher rating for his right hip post-prosthesis placement was denied.,The Board found that the Veteran's left shoulder disability did not meet or approximate the criteria for a disability rating greater than 20 percent since July 12, 2008. For his right hip degenerative joint disease from March 1, 2014 to November 20, 2019, the Board found that it did not meet or approximate the criteria for a disability rating greater than 30 percent. Beginning November 21, 2019, the Board found that his right hip post-prosthesis placement did not meet or approximate the criteria for a disability rating greater than 50 percent.
The deciding factor: The evidence does not show that the Veteran's left shoulder disability resulted in limitation of motion midway between the side and shoulder level during the appeal period, nor did it meet or approximate the criteria for a higher rating under Diagnostic Code 5201.
- Claimed conditions
- {"condition_name":"Supraspinatus tendonitis of the left shoulder"}, {"condition_name":"Right hip degenerative joint disease"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072309
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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