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Denied

This decision denies the Veteran's claims for an effective date earlier than March 19, 2018 for right shoulder joint replacement under 38 U.S.C. § 1151 and a rating in excess of 80 percent for his service-connected right shoulder disability. The claim for TDIU is also denied.,TDIU was denied as the Veteran's education and experience would qualify him for non-physical or sedentary work, despite his service-connected disabilities preventing physical labor.

The deciding factor: For the effective date claim, the earliest possible effective date under 38 U.S.C. § 1151 is March 19, 2018, when infection was first identified in the shoulder. For the rating claim, the Veteran's disability picture does not meet criteria for a higher rating as his symptoms are fully contemplated by the applicable rating criteria.,For TDIU, the evidence shows that the Veteran has experience and training in employment that does not require physical labor, despite his service-connected disabilities preventing physical jobs.

Claimed conditions
Right Shoulder Joint Replacement with Degenerative Arthritis, Chronic Residuals of Severe Painful Motion and Weakness
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
80%
Decision date
January 23, 2024
Citation
24003276

Veterans Law Judge

M.E. Larkin

Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)

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 24003276.

What this means for you

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