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
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding his reported in-service injuries and self-medication.
- Denied
The Board denied service connection for right shoulder and arm disabilities, finding that there is no evidence of a nexus between the current conditions and active service.
- Granted
The Veteran is unable to maintain substantially gainful employment due to service-connected disabilities, and the Board has granted a total disability rating based on individual unemployability from June 27, 2016.
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