The Veteran's appeal for a higher rating on his left shoulder disability was denied. The Board found that the evidence did not support a finding of more than 20 percent impairment, as the Veteran’s arm motion was limited to around 80 degrees from side to shoulder level. For the right shoulder and neck disabilities, the case is remanded for further examination and opinion. Service connection for hand and arm disabilities remains pending.
The deciding factor: The evidence did not support a finding of more than 20 percent impairment on the left shoulder disability as the Veteran’s motion was limited to around 80 degrees from side to shoulder level, which is within the range contemplated by a 20 percent rating under Diagnostic Code 5201.
- Claimed conditions
- Nonunion of the clavicle, Degenerative arthritis of the cervical spine, Left ulnar nerve entrapment, right carpal tunnel syndrome, pain in both arms with cramps in the fingers of his right hand, decreasing strength in the right hand, positive Tinel's sign on the left wrist
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080481
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for migraine headaches, right carpal tunnel syndrome, and left carpal tunnel syndrome was dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
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