The Veteran's right shoulder disability, including frozen shoulder and myofascial pain syndrome, was determined to be caused by a positioning injury during a VA-administered carotid endarterectomy in January 2003. The Board found that the disability was not due to the Veteran's own willful misconduct and concluded that sustaining such a disability was an unforeseeable consequence of the surgery. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is granted.
The deciding factor: The right shoulder disability resulted from a positioning injury during a VA-administered carotid endarterectomy in January 2003, which was unforeseeable and not due to the Veteran's own willful misconduct.
- Claimed conditions
- Right Shoulder Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2009
- Citation
- 0944240
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 0944240.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.