12-07 778, 12-07 778

Veteran served 1982–1988 and appealed a September 2010 RO denial seeking an increased rating for post‑operative residuals of a right acromioclavicular separation (right shoulder). RO later granted 20% from June 23, 2010.
Board remanded in November 2014 for additional development including a VA shoulder exam; VA provided exams in July 2010 and May 2015 and complied with remand tasks.
Veteran testified at a September 2014 videoconference hearing that he has right shoulder pain but can move the arm, albeit slowly; medical records show variable ROM measurements (e.g., 70° abduction with pain at 70° in 2010; 150° abduction with pain at 150° in 2015).
RO assigned the maximum schedular rating available under DC 5203 (dislocation of clavicle/scapula) and also granted noncompensable service connection for a right shoulder scar.
Veteran applied for TDIU; SSA and private records show multiple service‑connected and non‑service‑connected conditions and a vocational opinion that he could perform several medium‑exertion unskilled jobs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Increased rating >20% for right shoulder (post‑op AC separation)	Right shoulder pain, flare‑ups, and functional loss justify rating above 20% under shoulder/arm DCs	Evidence and VA exams do not show ankylosis, humeral disorders, recurrent humeral dislocation, or ROM limited to midway between side and shoulder; 20% is maximum under DC 5203	Denied — preponderance shows criteria for >20% not met; 20% effective 6/23/2010 retained
TDIU based on service‑connected disabilities	Service‑connected right shoulder (and combined effects) render Veteran unable to secure/follow substantially gainful employment	Combined rating is 20%; medical, vocational, and SSA records show multiple non‑service‑connected conditions contributed to unemployment and vocational report identified suitable medium‑exertion jobs	Denied — criteria for schedular or extraschedular TDIU not met; referral not warranted

Rice v. Shinseki, 22 Vet. App. 447 (establishes that a claim for TDIU is essentially a claim for increased rating)
Stegall v. West, 11 Vet. App. 268 (remand orders confer a right to compliance)
DeLuca v. Brown, 8 Vet. App. 202 (consideration of functional loss from pain under musculoskeletal ratings)
Thun v. Peake, 22 Vet. App. 111 (three‑step extraschedular referral inquiry)
Hart v. Mansfield, 21 Vet. App. 505 (temporal focus for increased‑rating claims: one year before claim to decision)
Faust v. West, 13 Vet. App. 342 (definition of substantially gainful employment for TDIU)
Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir.) (extraschedular consideration for combined effects of multiple disabilities)
Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir.) (ultimate TDIU determination is adjudicative, not purely medical)