The Veteran's left shoulder disability, resulting from a VA surgical procedure in 1996 and post-operative care, did not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of fault on the part of VA.
The deciding factor: VA determined that there was no evidence of negligence or error by VA in providing the surgery and post-operative care.
- Claimed conditions
- Left Shoulder Fracture, Rotator Cuff Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 24, 2009
- Citation
- 0948522
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 0948522.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for increased ratings for his left shoulder disability and bilateral hearing loss has been dismissed due to the Veteran requesting to withdraw the appeal for left shoulder scars.,For the period on appeal, the Veteran's left shoulder disability is manifested by limitation of motion at shoulder level with flexion and/or abduction limited to 90 degrees. The Veteran's other impairment of humerus did not manifest by fibrous union, nonunion, or loss of head.
- Remanded (sent back)
The Veteran's right shoulder disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record. The current range of motion and symptoms do not meet the criteria for a higher rating.
- Denied
The Board has determined that the Veteran does not have a right shoulder disability that began during service or was caused by service, and therefore denied his claim for service connection.
- Remanded (sent back)
The Board has determined that a remand is necessary to address the Veteran's claim for service connection due to an inadequate VA examination and lack of medical rationale.
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