The March 2004 rating decision assigning a 10 percent rating for the Veteran's right shoulder disability was not clearly and unmistakably erroneous. The Board found that the March 2004 rating decision correctly applied the applicable regulations and did not make an error of fact or law.
The deciding factor: The March 2004 rating decision assigned a minimum compensable rating for painful motion under 38 C.F.R. § 4.59, which was correct at that time as DC 5201 does not provide for a higher rating for painful motion.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 24, 2024
- Citation
- A24020974
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. Read the original VA decision (opens in a new tab) using citation A24020974.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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