The Board denied the Veteran's claim of clear and unmistakable error in the May 29, 2012 rating decision that granted a 10 percent initial rating for left shoulder tendonitis. The Veteran argued that the correct rating should have been 20 percent based on painful motion under DC 5201.
The deciding factor: The Board found no CUE in the May 2012 rating decision as it applied the correct diagnostic codes and considered all relevant evidence, including the minimum compensable rating for the joint due to painful motion (DC 4.59).
- Claimed conditions
- Left Shoulder Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 16, 2021
- Citation
- A21020099
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 A21020099.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the cause of the Veteran's death was cardiopulmonary arrest due to aspiration, and they have found a duty to assist error in their initial decision. They are now requesting a medical opinion to determine if the service-connected conditions contributed to the Veteran's death.
- Granted
The Veteran's service-connected PTSD prevents her from securing or following a substantially gainful occupation, and she has met the threshold minimum percentage requirements for a TDIU. Additionally, she is entitled to special monthly compensation at the housebound rate.
- Denied
The Board found no evidence of a chronic left shoulder condition in service or within the presumptive period, and concluded that the current left shoulder tendonitis with arthritis is not related to any incident during service. The Veteran's claim for service connection was denied.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for additional development due to inadequate examinations and failure to consider functional loss and flare-ups.
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