Yonek v. Shinseki — DC 5201 permits only one rating per affected shoulder

Stephen Yonek sought separate disability ratings for his service-connected shoulder impairment under Diagnostic Code 5201, arguing that limitation of motion in flexion and abduction were separately compensable. The Board denied a rating above 20 percent, and the Veterans Court agreed that DC 5201 authorizes only a single rating for limitation of motion of the arm at the shoulder joint. The Federal Circuit affirmed, holding that the text of DC 5201 is unambiguous and refers generally to limitation of motion of the arm, not separate plane-specific limitations. The court reasoned that other portions of the rating schedule expressly use separate diagnostic codes for flexion and extension or for different planes of motion, and the absence of similar separation in DC 5201 indicates that VA did not intend multiple ratings under that code. The court also rejected reliance on Plate I, 38 C.F.R. § 4.25, 38 C.F.R. § 4.45, and the cited General Counsel opinion, explaining that those authorities did not authorize multiple ratings under a single diagnostic code. The decision matters because it confirms that the shoulder rating code itself governs the number of ratings available, and that claimants cannot multiply ratings by parsing the same shoulder limitation into different motion planes.

DC 5201 authorizes a single disability rating for limitation of motion of one arm at the shoulder joint, regardless of whether the limitation is manifested in flexion, abduction, or both.

Do not argue for separate shoulder ratings under DC 5201 based solely on different planes of motion; instead, focus on the correct single schedular level or another applicable diagnostic code.

The case gives VA and practitioners a clear rule for rating shoulder limitation of motion and prevents duplicative compensation theories under the same diagnostic code. It is a useful citation when the issue is whether different motion measurements support separate ratings or only a single higher rating.

Assigning multiple ratings for the same shoulder limitation under DC 5201 based on different planes of motion.

A veteran has a dominant shoulder with limited flexion and abduction. The evidence shows both motions are restricted, but the limitation arises from the same joint impairment. Under Yonek, VA should assign one rating under DC 5201, not separate ratings for flexion and abduction.

Use this case to oppose pyramiding-style arguments that try to split one shoulder disability into multiple ratings under DC 5201, and to frame the issue as selecting the correct single rating level under the schedule.

Wanner v. Principi, Smith v. Nicholson, Mariano v. Principi, Keene Corp. v. United States, Heinzelman v. Sec’y of HHS