The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a neck injury is denied due to lack of evidence showing additional disability or death resulting from VA care, treatment, or examination in February 2003. The right shoulder injury claim is remanded for further development.
The deciding factor: The Veteran's neck injury claim fails because there is no evidence linking the claimed condition to VA care, treatment, or examination in February 2003.
- Claimed conditions
- neck injury, right shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 23, 2010
- Citation
- 1006588
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. Read the original VA decision (opens in a new tab) using citation 1006588.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
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- Whole decision: Granted
The Board has granted the Veteran's request to recognize his December 17, 2008 correspondence as a timely and valid Notice of Disagreement (NOD) with the November 2008 rating decision. The underlying compensation claims will be addressed in a separate Board decision under the Legacy appeal system.
- Whole decision: Dismissed
The Veteran's appeals seeking service connection for various conditions have been dismissed due to the withdrawal of his appeal by his authorized representative.
- Whole decision: Granted
The Veteran's kidney stones, neck injury, asthma, and right leg or knee disability are all granted. The Veteran is also awarded a 30% rating for his neck injury. However, the claims for service connection for asthma and right leg or right knee disabilities are remanded due to lack of proper development.
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