Right Shoulder Rotator Cuff (Appeal or Not to Appeal)

[Gracie2012]

Sorry this is a little long, but want to make sure I covered everything.

I filed an appeal for my right shoulder in October 2020 from denial in 2007 and just received a 20% service connection.  

I retired in 2006 and my exam was in November 2006 and I submitted claims for several disabilities.   The VA denied me service connected shoulder pain because they said there was only one mention in my medical records.  I had several X-rays over the years and was told no damage was seen on X-rays so I just continued to pop 800 mil ibuprofen and continued with the pain until I couldn’t take it anymore.  My friend suggested I talk to my PCM and request an MRI.  My PCM made me go to physical therapy first which didn’t help and finally scheduled me for an MRI and low and behold rotator cuff injury was clearly diagnosed, but the VA used the effective date as 10/29/20.   

While my claim was under review I was looking through my active duty medical records to see if the VA may have overlooked something and found several medical documentation errors.  Specifically, I injuried my right shoulder in 1999 while spiking the volleyball and was seen several times, however the doctor documented that it was my left shoulder.   Well I’m right handed and guarantee couldn’t spike a ball left handed.  

Does anyone have recommendations about what I should do proceed?  Should I let it go or file a egregious mistake in my records which my have given me my service connection in my original submission in 2007 and if approved should I receive back pay if it changed my over all rating?
 

Appreciate any recommendations or help anyone can provide. 
 

v/r

Rick

[broncovet]

Only you know whether you think this was a lowball, and it sounds like you were denied others.  

However, besides denials and delays, lowball is a favorite of VA.  

If you think you deserve higher, then appeal.  It sounds like you do, or you would not have asked if you were content with your rating.  

Remember, you can appeal 3 things for every issue:

1.  You can appeal any denials.  

2.  You can appeal the disability percentage, if you think it should be higher.  

3.  Last, but not least, you can appeal the effective date(s).  

      My advice:   You can get your records amended, if you feel some or all are in error with this regulation:  

     https://www.law.cornell.edu/cfr/text/38/1.579

     Of course, if VA refuses to correct those records (maybe not), you can appeal that, also.  

     I would advise appealing pretty much everything.  Remember, 38 CFR 3.156 C, means you should get the effective date the day after exit from service "provided that" you applied with a year of exit from service and vA had not considered evidence, but then found records, such as if you resubmitted them.

     38 CFR 3.156: https://www.law.cornell.edu/cfr/text/38/3.156

 

[jbasser]

The max rotator cuff for major is like 30 percent. The VA connected my left Minor at 20 percent just a month or so ago. Read the regs and range of motion carefully.