The Veteran seeks compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a left shoulder disability and loss of use of his left arm, resulting from surgery performed at a VA medical facility on March 8, 2005. The case is being remanded to obtain additional evidence and determine whether the Veteran experienced additional disability as a result of the surgery.
The deciding factor: The decision involves determining if the Veteran's current conditions are due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical personnel during his March 2005 left shoulder surgery.
- Claimed conditions
- left shoulder disability, loss of use of left arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2009
- Citation
- 0947768
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 0947768.
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 denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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