The Veteran's right shoulder disability, including subacromial subdeltoid bursitis and tendinopathy with acromioclavicular degenerative joint disease, is at least as likely as not caused by the VA nurse's incorrect placement of a pneumococcal vaccine injection on September 4, 2013. As such, the Veteran is entitled to compensation under 38 U.S.C. § 1151.
The deciding factor: The medical evidence shows that the Veteran experienced severe pain and limited range of motion within hours of the incorrect placement of the vaccine injection on September 4, 2013, which led to her current disability.
- Claimed conditions
- right shoulder subacromial subdeltoid bursitis, right shoulder tendinopathy, right acromioclavicular degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 19, 2019
- Citation
- 19148192
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied service connection for dermatochalasis, meibomian gland dysfunction, and blepharitis. The claims for lumbosacral strain, left lower extremity radiculopathy (sciatic nerve), right shoulder tendinopathy, diabetes, and prostate cancer with urinary incontinence status-post prostatectomy were remanded.
- Granted
The Board granted service connection for cervical strain with degenerative disc disease, right shoulder tendinopathy, and left shoulder condition. The claims for right upper extremity radiculopathy as secondary to a cervical strain were also granted. However, the claim for left upper extremity radiculopathy and gastroesophageal reflux disease were denied.
- Granted
The Board granted service connection for sleep apnea, right foot disability (pes planus and plantar fasciitis), left foot disability (pes planus and plantar fasciitis), lumbar strain, right shoulder tendinopathy, left shoulder tendinopathy, right hand tendinopathy, and left hand tendinopathy on a direct basis.
- Partly granted
The veteran's disability rating for right shoulder tendinopathy was restored to 40 percent. Separate 10 percent ratings were granted for slight instability of both knees, but higher evaluations for left and right knee patellofemoral syndromes were denied.
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