The Veteran's right shoulder disability is rated at 20 percent, but the Board finds that a higher rating is not warranted due to limited range of motion. The Veteran's back surgical scars are noncompensable as they do not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's left lower extremity radiculopathy is associated with his back disability and is inextricably intertwined, so it must be addressed along with the back disability issues.
The deciding factor: The Veteran's right shoulder disability has a flexion range of motion limited to 160 degrees (with pain) and abduction limited to 145 degrees (with pain). The old rating criteria for limitation of motion at shoulder level do not meet the requirements for a higher rating, as his range of motion is still within the 20 percent rating. The new amended criteria also do not meet the requirements for a higher rating due to flexion and/or abduction limited to 45 degrees.,The Veteran's back surgical scars have an area of approximately 15.85 square centimeters, which does not meet the requirement of Diagnostic Code 7802 (144 square inches or greater) for a compensable rating.
- Claimed conditions
- Right Shoulder Disability, Back Surgical Scars, Left Lower Extremity Radiculopathy (Associated with Back Disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2024
- Citation
- 24007963
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 24007963.
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.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right shoulder disability is related to his service-connected TMJ.
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