The Veteran's left shoulder muscle damage and degenerative joint disease were improperly reduced, resulting in a restoration of the original ratings. The Veteran is granted a 10% rating for his left shoulder muscle damage from April 1, 2018, and denied an initial rating in excess of 20 percent for his DJD.
The deciding factor: The reduction in evaluation was improper due to it being in place for more than 20 years and there is evidence of fraud. The Veteran's left shoulder muscle damage has not been manifested by limitation of motion or functional ankylosis, which would warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Left Shoulder Muscle Damage, Degenerative Joint Disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 21, 2023
- Citation
- 23010497
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 23010497.
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.
- Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Granted
The Veteran's cause of death is determined to be causally related to his service-connected Degenerative Disc Disease and Degenerative Joint Disease, leading to a liver biopsy. As such, the claim for service connection for the cause of death is granted.
- Dismissed
The Veteran's appeal for service connection for DJD and rotator cuff tear of the left shoulder was dismissed because the VA Form 10182 was not timely filed.
- Remanded (sent back)
The Veteran's appeal for an increased disability rating for his service-connected lumbar spine disabilities is remanded due to a duty-to-assist error in the prior VA examinations.
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