The Board dismissed the claim for service connection of a right shoulder disability as it was not intended by the Veteran.,The Board denied the request to revise or reverse the September 2016 rating decision regarding prostate cancer on grounds of CUE, finding no evidence of duty-to-assist error and that the claim should have been granted at the outset.
The deciding factor: There is no justiciable case or controversy with respect to the right shoulder disability as the Veteran did not intend to file a claim for it.,The Board found no CUE in the September 2016 rating decision regarding prostate cancer, and that VA had fulfilled its duty-to-assist obligation.
- Claimed conditions
- Right Shoulder Disability, Prostate Cancer, Stomach Problems, Heart Disability (claimed as caused by exposure to herbicide agents)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2022
- Citation
- A22025067
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 A22025067.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
- Denied
The Board denied the Veteran's claims for service connection for right and left shoulder disabilities, finding insufficient evidence to establish an in-service event or injury related to his shoulders. The Veteran's current shoulder conditions are not linked to his military service.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's right shoulder disability is related to his service-connected TMJ.
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