The appeal as to the issue of entitlement to an initial rating in excess of 20 percent for the service-connected left shoulder impingement is dismissed due to a lack of justiciable case or controversy.
The deciding factor: The Veteran's substantive appeal was not timely, and no further action would be taken on his appeal.
- Claimed conditions
- left shoulder impingement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911427
Veterans Law Judge
Decisions by this judge: 684 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0911427.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 determined that the VA examinations provided for the Veteran's cervical and lumbosacral strains, left elbow strain, right elbow strain, and left shoulder impingement are inadequate. The Board also notes that there is no evidence of service connection for hypertension in this decision.
- Denied
The Board denied service connection for various conditions and dismissed claims, with some issues remanded.
- Partly granted
The Board granted an earlier effective date of March 4, 2014 for the award of service connection for right and left lower extremity radiculopathy but denied a higher rating for left shoulder impingement.
- Remanded (sent back)
The Veteran's claims for increased ratings for left upper and middle trunk brachial plexus injury and left shoulder impingement are being remanded due to the submission of new medical evidence. The case will be returned to the AOJ for consideration of this additional information.
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