The Board denied an initial evaluation in excess of 20 percent for the Veteran's right shoulder disability and an initial evaluation in excess of 40 percent for his lumbar spine disability.
The deciding factor: The evidence did not show limitation of motion sufficient to warrant a higher rating under applicable diagnostic codes.
- Claimed conditions
- right shoulder bicipital tendonitis, labral tear, and glenohumeral joint osteoarthritis (right shoulder disability), degenerative arthritis and degenerative disc disease of the lumbosacral spine, also claimed as moderate left foraminal spine and mild left lateral recess spine (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064348
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's service connection for left shoulder strain, labral tear, acromioclavicular joint osteoarthritis, and tendinitis was granted, while the effective date prior to November 11, 2023, for migraine headaches was denied.
- Partly granted
The Board denied service connection for right ear hearing disorder, dry eye disorder, and urinary disorder. Tinnitus was granted, but the Veteran's left knee degenerative joint disease, right knee patellofemoral pain syndrome, left knee degenerative joint disease with instability, right shoulder bicipital tendonitis, and left shoulder bicipital tendonitis do not warrant increased ratings.
- Dismissed
The Board denied the veteran's appeal for a timely filing of an appeal regarding service connection and initial rating for bilateral lower extremity radiculopathy, as well as other conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a right shoulder disability to obtain a medical opinion regarding whether it is related to his service-connected left shoulder disability.
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