The Board denied the Veteran's request for an earlier effective date for a 20 percent disability rating for right shoulder rotator cuff tendonitis with degenerative joint disease, finding no clear and unmistakable error in the October 2009 decision that assigned a 10 percent rating.
The deciding factor: The Board found that the AOJ's application of 38 C.F.R. § 4.59 to assign a 10 percent rating for painful motion was reasonable, as it could have relied on DC 5203 to identify 10 percent as the minimum compensable rating for the relevant joint.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2025
- Citation
- A25036743
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
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