The veteran is seeking compensation under 38 U.S.C. § 1151 for additional disability resulting from a failed shoulder surgery at the VA, and the Board has determined that further medical examination is needed to determine if the care was negligent or unforeseeable.
The deciding factor: Further medical evaluation is required to determine if the veteran's current left shoulder disability can be attributed to negligence or foreseeability of complications following the VA surgical procedure.
- Claimed conditions
- adhesive capsulitis, residuals of left shoulder rotator cuff repair with post-operative infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2007
- Citation
- 0711578
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 0711578.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 case due to procedural errors and the need for additional evidence. The Veteran's claims of entitlement to an initial compensable evaluation for service-connected bilateral hearing loss, an effective date earlier than December 27, 2023, for the award of service connection for service-connected right shoulder disabilities, and a higher initial evaluation for service-connected right shoulder disabilities are now pending.
- Remanded (sent back)
The Board has found that the VA had not complied with its duty to assist and is remanding the case for a new VA examination to evaluate the Veteran's left shoulder condition.
- Denied
The Veteran's claim for a higher rating for his service-connected left shoulder tendinosis with instability status post Bankart repair and revision, rotator cuff tendonitis, adhesive capsulitis, glenohumeral joint osteoarthritis, and acromioclavicular joint osteoarthritis was denied as the evidence did not show any impairment of motion that would warrant a higher rating.
- Remanded (sent back)
The Board has remanded the claims for a VA shoulder examination to determine if any identified shoulder disability had its onset during active service or is related to any incident of service, including the Veteran's reported history of in-service chronic bilateral shoulder pain.
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