The Veteran's appeal for a higher rating for his right shoulder degenerative joint disease was denied. The Board found that the evidence did not show limitation of arm motion to 25 degrees from the side, which is required for a higher rating. The issue of TDIU was also remanded as the Veteran has not submitted a VA Form 21-8940.
The deciding factor: The objective evidence does not support the claim that the right shoulder joint motion is limited to 25 degrees from the side, which would be required for a higher rating under DC 5201.
- Claimed conditions
- Right Shoulder Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000713
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 22000713.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial disability rating for her service-connected right shoulder degenerative joint disease and rotator cuff tendonitis is denied as the evidence does not show that her range of motion is limited to less than 25 degrees from the side.
- Remanded (sent back)
The Board has decided to remand the claims for an increased rating for right shoulder degenerative joint disease and right shoulder instability due to inadequate VA examination prior to the December 12, 2024 rating decision.
- Partly granted
The Board granted service connection for sinusitis and depressive disorder, but denied service connection for chronic fatigue syndrome, right leg shin splints, left leg shin splints, a higher rating for the right knee, and other conditions. The decision was based on the evidence of record.
- Remanded (sent back)
The Veteran's right shoulder disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record. The current range of motion and symptoms do not meet the criteria for a higher rating.
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