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Board of Veterans' Appeals · Legacy series

Entitlement to an evaluation in excess of 10 percent for right shoulder impingement syndrome prior to February 14, 2011, and in excess of 20 percent thereafter, is remanded.

January 30, 2026Citation Nr. 26001417Docket 11-12 928va.gov source

  • Right shoulder impingement syndrome with rotator cuff tendonitis (rated prior to February 14, 2011 and after)Remanded
  • Lumbar spine spondylosis and degenerative disc disease (DDD)Remanded

Board reasoning

The Board remands both the right shoulder and lumbar spine issues for current disability evaluations, including retrospective opinions for each appeal period and separate consideration of any neurological complications. The opinions must address functional impairment without ameliorative medication effects, and must include retrospective range-of-motion and pain assessments, as well as potential flare-ups and repetitive-use limitations; if testing cannot be completed, the examiner must explain why. The remand cites Stegall v. West and related cases to ensure compliance with prior remand directives and proper application of medical opinions.

Issues

  • Right shoulder impingement syndrome with rotator cuff tendonitis (rated prior to February 14, 2011 and after)Remanded
  • Lumbar spine spondylosis and degenerative disc disease (DDD)Remanded

Authorities

  • Stegall v. West, 11 Vet. App. 268remand for compliance with Board directives
  • Dyment v. West, 13 Vet. App. 141confirm no Stegall violation when substantial compliance exists
  • Jones v. Shinseki, 26 Vet. App. 56discounting medication effects on musculoskeletal ratings
  • Barr v. Nicholson, 21 Vet. App. 303requires full rationale for remand and testing requirements

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.