The Veteran's claim for compensation under 38 U.S.C. § 1151 for a low back disability is denied as the weight of evidence does not support that VA treatment caused or worsened his condition.,The Veteran's service connection claim for a right shoulder disability is denied because there is no credible evidence linking his current condition to an in-service injury.
The deciding factor: There was no carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part during the carpal tunnel surgery. The examiner found that the Veteran's symptoms were more likely due to degenerative changes and congenital abnormalities rather than any surgical procedure.,The medical evidence does not support a link between the Veteran's current right shoulder disability and an in-service injury or event, including carrying a radio strapped tightly to his arm.
- Claimed conditions
- Low back disability, Right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2020
- Citation
- 20005081
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 appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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