The veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 were denied as his conditions are considered to be directly related to his service, not due to VA fault or unforeseen events.
The deciding factor: VA determined that the veteran's conditions are not attributable to VA medical treatment but rather to direct service connection.
- Claimed conditions
- right shoulder surgery, right groin infection, misdiagnosed basal cell carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 23, 2004
- Citation
- 0433914
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. Search VA.gov for the original decision (opens in a new tab) using citation 0433914.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board has dismissed all issues on appeal due to the Veteran's death.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to additional evidence being associated with the claim file after a supplemental statement of the case (SSOC). The Veteran was given an opportunity to review and respond to this new information.
- Whole decision: Denied
The Board denied service connection for diabetes, glaucoma, hypertension, and right shoulder disability (residuals of surgery) as the Veteran did not have these conditions during or within a year after his military service. The Board also found that there was no evidence linking any current disabilities to service.
- Whole decision: Denied
The Veteran's claims for an earlier effective date and initial compensable rating for partial gastrectomy and right shoulder surgery scars have been denied. The Board found that the appropriate effective date was November 20, 2012.
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