The Board has remanded the case due to unclear service connection status and potential issues with emergency treatment criteria. The Veteran's claim for payment of unauthorized private medical expenses incurred on September 2, 2008, for surgical repair of a right shoulder rotator cuff tear is being reconsidered.
The deciding factor: The decision was based on the absence of evidence that the surgery was necessary due to an emergency condition and VA facilities were not feasibly available.
- Claimed conditions
- Right Shoulder Rotator Cuff Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2010
- Citation
- 1026878
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 1026878.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran has been granted a total disability rating based on individual unemployability and special monthly compensation due to the service-connected disabilities.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as the evidence did not establish that his service-connected disabilities had precluded him from obtaining and maintaining substantially gainful employment.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remanded the claims for further development. The Veteran's service connection claims for right and left shoulder rotator cuff tears are being returned to the AOJ for additional consideration.
- Denied
The Veteran's right shoulder rotator cuff tear has been rated at 10 percent prior to May 23, 2016, and at 20 percent thereafter. The Veteran does not meet the criteria for a higher rating due to functional loss but no limitation of motion to midway between the side and shoulder level.,The Veteran's umbilical hernia repair has been rated as noncompensable (zero percent). The evidence does not support a finding that her condition meets or approximates the criteria for a compensable rating.
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