The Board denied the reopening of a claim for VA benefits due to lack of new and material evidence, maintaining that the appellant's discharge was dishonorable.
The deciding factor: The appeal is based on an earlier denial which did not include notice of appeal rights or mention them explicitly. The RO sent the letter to the wrong address.
- Claimed conditions
- Left Shoulder Dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2004
- Citation
- 0428115
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 0428115.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for right shoulder dislocation and left shoulder dislocation due to a lack of a VA examination and medical opinion in connection with these claims.
- Denied
The Board denied service connection for the Veteran's left shoulder disability, finding that there was no increase in severity of the preexisting condition during service and thus not meeting the criteria for direct service connection.
- Dismissed
The Veteran's TDIU claim from May 4, 2016, to July 24, 2017, is dismissed as moot because he was already receiving a 100% disability rating for PTSD. The SMC claim prior to July 25, 2017, is also dismissed due to the Veteran's other service-connected disabilities not meeting the required criteria.
- Denied
The Veteran's left shoulder disability, characterized by dislocation and AC separation, is currently rated at 20 percent. The Board finds that the evidence does not support a higher rating as his symptoms do not more nearly approximate limitation of motion to 25 degrees from side.
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