The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because there is no additional disability resulting from VA treatment, and the preponderance of evidence does not support a finding that any such disability was caused by carelessness or negligence on VA's part.
The deciding factor: The Veteran did not suffer an additional disability as a result of VA medical care, and the Board found the opinion provided by the VA examiner to be highly probative in this regard.
- Claimed conditions
- Right Shoulder Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081908
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.
- Partly granted
The Board granted a 70 percent rating for PTSD, denied ratings in excess of 30 percent for left and right knee strains, granted separate 10 percent ratings for painful, noncompensable limitation of flexion of the knees, granted service connection for back condition and related radiculopathies, but denied service connection for bilateral hearing loss and a right shoulder condition.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded certain issues for further development.
- Denied
The Board denied service connection for obstructive sleep apnea, a right shoulder condition, tinnitus, hypertension, a right hip condition, bilateral knee conditions, and radiculopathy of the bilateral lower extremities as there was no evidence to support a causal relationship between these conditions and the Veteran's military service.
- Partly granted
The Board denied an increased rating for PTSD and remanded the claims for service connection for carpal tunnel syndrome, cubital syndrome left hand, and a right shoulder condition.
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.