The Veteran's claims for increased ratings and TDIU were denied. The left shoulder disability was rated at 20% since November 18, 2005, but the Board found no evidence of motion limited to 25 degrees from side, which would warrant a higher rating. For the lumbar spine disability, the Veteran's condition did not meet the schedular criteria for an increased rating prior to January 29, 2021, and after that date, it was also denied. The TDIU claim was denied as there was no evidence of unemployability due to service-connected disabilities during the relevant period.
The deciding factor: The Veteran's left shoulder disability did not meet the criteria for a higher rating under Diagnostic Code 5201 since his flexion and abduction were limited to 90 degrees, which is within the range considered by the current 20% rating. For the lumbar spine disability, the evidence did not show that it met the schedular criteria for an increased rating prior to January 29, 2021, or after that date. The TDIU claim was denied as there was no evidence of unemployability due to service-connected disabilities during the relevant period.
- Claimed conditions
- left shoulder rotator cuff tendonitis, lumbar spine hypertrophic osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2024
- Citation
- 24005462
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 24005462.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for left shoulder rotator cuff tendonitis, finding that the Veteran's current condition is related to his in-service injury. The evidence shows a present disability and service incurrence of an injury, with continuity of symptomatology post-service.
- Dismissed
The Veteran withdrew his appeal for an initial rating in excess of 20 percent for service-connected left shoulder rotator cuff tendonitis and rhomboid strain, resulting in the dismissal of this issue.
- Remanded (sent back)
The Veteran's appeal for service connection of lumbosacral strain and left shoulder rotator cuff tendonitis is remanded due to a duty to assist error. The AOJ must obtain an adequate medical opinion addressing the etiology of the Veteran's claimed conditions.
- Granted
The Veteran's right knee replacement and left shoulder rotator cuff tendonitis have been granted service connection, with the Board finding that there is at least a 50% likelihood that these conditions are related to his military service.
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