The Veteran's right ankle disability was rated at 10 percent prior to August 19, 2016 and at 30 percent effective that date. The right shoulder disability was rated at 20 percent.,Prior to August 19, 2016, the Veteran's right ankle disability did not meet criteria for a higher rating. Effective August 19, 2016, it met criteria for a 30 percent rating. The right shoulder disability was rated at 20 percent.,The effective date of the increased 20 percent rating for the right shoulder disability is denied.

The deciding factor: The VA examinations did not meet the requirements set forth in 38 C.F.R. § 4.71a, which requires diagnostic testing and consideration of functional loss during flare-ups or repeated use over time.,The Veteran's right ankle disability met criteria for a higher rating (30 percent) effective August 19, 2016, based on ankylosis in dorsiflexion between 0 and 10 degrees. The right shoulder disability was rated at 20 percent as it did not meet the criteria for a higher rating.,The effective date of the increased rating for the right shoulder disability is denied because the earliest possible effective date based on the date of claim predates March 1, 2009.

Claimed conditions

Right ankle disability, Right shoulder disability

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

May 12, 2022

Citation

22028128

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 22028128.