The Board denied the Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for a right shoulder disability due to lack of legal merit, as the surgery was performed by a private physician in accordance with the Veterans Choice Program and VA had no role in the diagnosis and treatment.
The deciding factor: The Board concluded that the Veteran's right shoulder surgery was not furnished by a VA employee or in a VA facility, thus failing to meet the criteria for compensation under 38 U.S.C. § 1151.
- Claimed conditions
- right shoulder disorder, rotator cuff tendonitis, subacromial/subdeltoid bursitis, right AC joint arthropathy, right shoulder subscapular bursitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 5, 2019
- Citation
- 19169041
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 19169041.
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).
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