Denied
The Board denied the Veteran's appeal to revise a March 2004 rating decision on the basis of clear and unmistakable error (CUE) that assigned an initial noncompensable disability rating for residuals of right shoulder surgery.
The deciding factor: The RO did not commit CUE in assigning a noncompensable disability rating, as there was no evidence showing arm motion limited at the shoulder level to warrant a compensable rating under Diagnostic Code 5201. Additionally, the application of 38 C.F.R. § 4.59 did not establish CUE.
- Claimed conditions
- Residuals of right shoulder surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2025
- Citation
- A25103116
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