The Board denied compensation under 38 U.S.C. § 1151 for a left shoulder disability, finding that the Veteran's current condition was not caused by VA medical treatment.
The deciding factor: The Board concluded that the Veteran’s current shoulder pain and disability were not caused by the June 2004 VA surgery due to lack of informed consent and negligence on the part of the VA staff.
- Claimed conditions
- left shoulder degenerative joint disease, bursitis, tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2018
- Citation
- 18135635
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 18135635.
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.
- Denied
The Veteran's claim for a higher rating for left shoulder degenerative joint disease with glenohumeral joint instability was denied as his disability did not more nearly approximate limitation of motion to 25 degrees from the side.
- Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
- Granted
The Veteran's appeal for service connection for depression and anxiety, hearing loss, tendonitis, PTSD, and headaches has been granted. The appeals for service connection for hearing loss and tendonitis are denied. The appeals for service connection for PTSD and headaches are remanded.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the VA did not cause any additional disability, and there was no fault on their part in providing care.
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