The VA determined that the veteran's right shoulder nerve damage was not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The proximate cause of the post-surgery right shoulder loss of superficial nerves was not found to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Claimed conditions
- Right shoulder impingement, Surgical loss of superficial nerves
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 29, 2004
- Citation
- 0417309
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0417309.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for service connection for degenerative arthritis of the cervical spine, left shoulder impingement, right shoulder impingement, bilateral plantar fasciitis, and left upper extremity radiculopathy have all been granted. A separate rating is also granted for left upper extremity radiculopathy.
- Partly granted
The Board denied increased ratings for the Veteran's right and left hip disorders, right shoulder impingement, and degenerative arthritis of the thoracolumbar spine with spinal stenosis and bulging disc. However, a 10 percent rating was granted from April 1, 2024, for both hips based on painful motion.
- Denied
The Veteran's bilateral shoulder impingement and scars were found to not warrant higher staged ratings, with the right shoulder receiving a 30 percent rating from February 14, 2023. The left shoulder remains at 20 percent.
- Granted
The Veteran's service-connected disabilities, including PTSD, right shoulder impingement, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.
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