The Veteran's initial rating for right shoulder strain is denied as his functional loss does not result in limitation of motion to 25 degrees from the side.,An initial disability rating of 20 percent, but no higher, for left shoulder strain prior to February 25, 2020 is granted. The Veteran's condition worsened after this date and he now requires a greater rating.
The deciding factor: The Veteran’s right shoulder strain does not meet the criteria for a higher disability rating as his functional loss due to pain and flare-ups does not result in limitation of motion to 25 degrees from the side, which is required for a higher disability rating.,The Veteran's left shoulder strain worsened after February 25, 2020. The VA examiner found that during flare-ups, his range of motion was limited to 70 degrees, which still meets the criteria for a 20 percent disability rating.
- Claimed conditions
- {"condition_name":"Right Shoulder Strain"}, {"condition_name":"Left Shoulder Strain"}, {"condition_name":"Lumbar Spine Degenerative Arthritis"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073758
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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