The Veteran is granted a higher rating of 40 percent for his right shoulder disability prior to November 18, 2019 and denied in excess of 40 percent from that date.,The Veteran's radiculopathy is rated at 40 percent effective November 18, 2019.,The Veteran's scars are currently rated as 10 percent disabling.
The deciding factor: The evidence shows the Veteran’s overall functional impairment due to pain and lack of endurance more likely approximated a 40 percent disability for the entire appeal period. The VA examiner found that repeated use over time reduced range of motion to 5 degrees.,The Veteran has one scar that is painful, but not unstable or multiple scars that are unstable or painful as required by Diagnostic Code 7804 for a higher rating.,The evidence does not show the Veteran's service-connected disabilities render him unemployable.
- Claimed conditions
- Anterior and posterior instability of the right shoulder, postoperative with degenerative arthritis, Radiculopathy, right upper extremity (radial, median, ulnar, and musculocutaneous nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 14, 2021
- Citation
- 21021881
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 21021881.
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 Board has determined that additional development is needed for the Veteran's claims of increased disability ratings for his right shoulder disabilities and surgical scars, as well as his claim for TDIU. The case will be remanded to allow for further examination and consideration.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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