The Veteran's right shoulder disability is rated at 30% from December 30, 2013 to October 13, 2021. A separate 20% rating for glenohumeral joint dislocation of the right shoulder (nondominant hand) effective October 13, 2021 is granted. The Veteran's claim for a higher rating in excess of 40% for his right shoulder disability from October 13, 2021 is remanded.
The deciding factor: The VA examination showed that the Veteran's right shoulder abduction was limited to 20 degrees and flexion to 35 degrees during flare-ups, which aligns with a 30% rating under Diagnostic Code 5201 for limitation of motion in the minor arm. The October 13, 2021 VA examination also documented recurrent dislocation with infrequent episodes and guarding at shoulder level, warranting a separate 20% rating under Diagnostic Code 5202.
- Claimed conditions
- Rotator cuff tear, Acromioclavicular joint osteoarthritis, Shoulder impingement syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 11, 2022
- Citation
- 22014173
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 22014173.
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 low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Remanded (sent back)
The Veteran's claim for an increased evaluation of his right shoulder disability is being remanded due to a duty to assist error. The Board will provide the Veteran with another VA examination to assess the severity and manifestations of his service-connected right shoulder impingement syndrome, bicipital tendonitis, rotator cuff tear, tendonitis, and degenerative arthritis.
- Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, which was granted for special monthly compensation based on aid and attendance.
- Remanded (sent back)
The Board has decided to remand the case due to pre-decisional duty to assist errors and a need for an adequate examination.
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