The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because there is no evidence of fault on VA's part or that the result was not reasonably foreseeable.
The deciding factor: There is no competent medical evidence showing that additional disability of the veteran's right shoulder was proximately caused by fault on the part of VA in furnishing care, and the postoperative infection following surgery was a possible complication.
- Claimed conditions
- Right Shoulder Impingement Syndrome, Acromioclavicular Arthrosis, Rotator Cuff Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 5, 2005
- Citation
- 0521164
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 0521164.
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: Granted
The Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms are related to his in-service injury.
- Whole decision: Dismissed
The Veteran's appeal for increased ratings for his left shoulder disability and bilateral hearing loss has been dismissed due to the Veteran requesting to withdraw the appeal for left shoulder scars.,For the period on appeal, the Veteran's left shoulder disability is manifested by limitation of motion at shoulder level with flexion and/or abduction limited to 90 degrees. The Veteran's other impairment of humerus did not manifest by fibrous union, nonunion, or loss of head.
- Whole decision: Granted
The Veteran's right shoulder disorder was denied service connection initially, but new evidence received after the March 2008 rating decision is relevant to this issue. The Board finds that a current diagnosis for right shoulder impingement syndrome exists and that it did not have its onset during service or otherwise be related to service.
- Whole decision: Denied
The Veteran was granted service connection for various conditions, but the appeal regarding an earlier effective date for benefits under the VA PCAFC related to a June 2023 application is denied.
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