The Veteran's right shoulder disability is restored to a 40 percent rating effective February 1, 2016. The Board has also added issues of entitlement to increased ratings for lumbar spine disability and bilateral lower extremity radiculopathy and the propriety of the reduction of the evaluation for left shoulder strain from 30 percent to 20 percent.
The deciding factor: The evidence did not demonstrate actual improvement in the Veteran's ability to function under ordinary conditions of life and work as a result of his right shoulder disability, despite improvements noted on VA examinations conducted after repeated use over time and during flare-ups.
- Claimed conditions
- Right Shoulder Degenerative Joint Disease, Left Ankle Injury, Right Ankle Sprain, Left Shoulder Strain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2021
- Citation
- 21077324
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 21077324.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Veteran's right ankle disability, which includes a Brostrom reconstruction and right ankle sprain, is currently rated at 10 percent prior to November 14, 2024. The Board has granted a 20 percent rating for the entire period on appeal based on marked limited motion of the right ankle.
- Granted
The Board has granted service connection for a left shoulder strain and assigned a 20% rating effective March 16, 2023. The appellant is eligible to the direct payment of attorney fees based on past-due benefits awarded in the November 2023 rating decision.
- Denied
The Board has denied the Veteran's claims for increased ratings for his right and left shoulder strains, finding that the current ratings of 20% are appropriate based on limited motion in both shoulders.
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