The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because the evidence did not support a finding that his additional right shoulder disability was caused by VA carelessness, negligence, or error.
The deciding factor: The medical evidence showed no failure of standard of care on the part of VA personnel and the Veteran's persistent pain post-surgery was recognized as a risk in the consent form. The examiner concluded that the Veteran's continued right shoulder pain is not related to VA treatment.
- Claimed conditions
- Right shoulder osteoarthritis, Additional right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19189580
Veterans Law Judge
Decisions by this judge: 882 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19189580.
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.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for additional right shoulder, right-hand, and left-hand disabilities as there was no evidence that the VA treatment caused or aggravated these conditions.
- Granted
The Veteran was granted a TDIU from June 30, 2011 to June 28, 2013 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
- Remanded (sent back)
The Veteran's claim for a higher rating for right shoulder osteoarthritis was denied. The Board found that the evidence did not show limitation of motion to 25 degrees from the side, which is required for a higher rating under DC 5201. The Board also remanded the issue of service connection for a right upper extremity nerve disability due to inadequate examination.
- Granted
The Veteran's service-connected disabilities, including his psychiatric disorder and physical conditions like right shoulder osteoarthritis, prevented him from obtaining or retaining substantially gainful employment. The Board granted a TDIU rating based on the combined effects of these conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.