The Board denied the veteran's claims for service connection for a right shoulder disability and for increased ratings for left shoulder impingement with arthritis, tarsal tunnel release of the left lower extremity, left foot and heel pain (status post arthroscopic surgery for an anterior heel spur), and left ankle disability. The claim for reopening service connection for right shoulder disability was denied due to lack of new and material evidence.
The deciding factor: The RO's February 1994 rating decision denying service connection for a right shoulder disability became final, as the veteran did not appeal it. New and material evidence has not been received to reopen this claim. The criteria for increased ratings were not met for any of the other claims.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2008
- Citation
- 0839079
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 0839079.
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 claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right shoulder disability is related to his service-connected TMJ.
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