The Veteran's appeal for a higher rating for his left shoulder disability and TDIU was denied. The evidence did not support a rating in excess of 20 percent for the left shoulder disability, as flexion and abduction were limited to 90 degrees, which does not warrant an evaluation in excess of 20 percent under Diagnostic Code 5201. For TDIU, since no single service-connected disability is rated at least 40%, the schedular threshold requirement for TDIU was not met.
The deciding factor: The evidence did not show that the Veteran's left shoulder disability warranted a higher rating based on limitation of motion or other criteria under Diagnostic Code 5201. Additionally, no single service-connected disability rated at least 40% allowed for an extraschedular TDIU determination due to the combined percentage threshold requirement.
- Claimed conditions
- {"condition_name":"Left Shoulder AC Joint Arthritis"}, {"condition_name":"Post-Traumatic Stress Disorder with Depression"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 12, 2020
- Citation
- 20072874
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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