The Veteran's right shoulder disability was denied a rating in excess of 10% from March 1, 2013 to November 25, 2019. A higher rating is also denied after November 26, 2019.,A rating in excess of 20% for the right shoulder disability was not granted since November 26, 2019 due to limited motion at or above shoulder level.,The Veteran's DDD of the lumbar spine prior to April 16, 2018 did not meet the criteria for a rating in excess of 20%.
The deciding factor: The evidence does not show that the range of motion has been limited to shoulder level (90 degrees) during the relevant time periods.,Limited motion was noted, but it did not reach the level required for a higher rating under Diagnostic Code 5201.,Additional functional loss due to pain and weakness was estimated by the examiner, but still did not meet the criteria for a higher rating.
- Claimed conditions
- Right Shoulder Disability, Degenerative Disc Disease (DDD) of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075228
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 20075228.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- 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 Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right shoulder disability is related to his service-connected TMJ.
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