The VA determined that the Veteran's loss of use of his right upper extremity was not caused by or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department while treating his shoulder problems. The Board found no evidence to support a finding of an additional disability due to VA treatment.
The deciding factor: The VA examiner determined that the Veteran's pre-existing severe right shoulder condition was the primary cause of his loss of use of the upper extremity, and not related to any VA treatment or care provided.
- Claimed conditions
- rotator cuff tear, adhesive capsulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2011
- Citation
- 1117867
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 1117867.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's low back disability is granted a rating of 40 percent effective August 31, 2018. The right shoulder disability is granted a rating of 40 percent effective August 31, 2018.
- Remanded (sent back)
The Board has remanded the case due to procedural errors and the need for additional evidence. The Veteran's claims of entitlement to an initial compensable evaluation for service-connected bilateral hearing loss, an effective date earlier than December 27, 2023, for the award of service connection for service-connected right shoulder disabilities, and a higher initial evaluation for service-connected right shoulder disabilities are now pending.
- Granted
The Board has granted the Veteran's claim for service connection for right shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis due to stress on his joints from training and parachute jumps during active service. The evidence considered included the Veteran's statements, a private medical opinion, and a buddy statement.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions regarding the Veteran's right shoulder disabilities, and a new VA examination is needed to determine their likely etiology.
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