The Board found that the veteran did not meet the definition of a fugitive felon and thus, the termination of his compensation payments was not proper. The Board also denied service connection for a right shoulder injury as there was no evidence to support a direct link between the claimed condition and active duty.
The deciding factor: The lack of evidence showing that the veteran engaged in an intentional act of fleeing prosecution or had knowledge of being prosecuted, along with the absence of medical evidence linking his current right shoulder condition to service, led to the denial of both issues.
- Claimed conditions
- right shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2008
- Citation
- 0812130
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 remands the claim for service connection for a right shoulder injury to the agency of original jurisdiction for an adequate medical opinion that considers relevant lay statements and addresses right shoulder arthritis.
- Granted
The Board granted earlier effective dates of August 12, 2019, for the awards of service connection for migraines, PTSD, a right shoulder injury, and tinnitus.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension, degenerative disc disease (DDD), and a right shoulder injury to correct an error by the AOJ to satisfy its duty to assist the Veteran under 38 U.S.C. § 5103A.
- Remanded (sent back)
The Board remands the claims for service connection for a neck injury, left shoulder injury, right shoulder injury, diabetes mellitus, and peripheral neuropathy as they require further development.
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