The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 for right shoulder impingement syndrome were previously denied, but new evidence was submitted that did not raise a reasonable possibility of substantiating the claims. The claim for an effective date earlier than January 27, 2010, for obstructive sleep apnea with bronchitis has been withdrawn. The Veteran's TDIU and increased rating for obstructive sleep apnea with bronchitis have been remanded.
The deciding factor: New evidence submitted did not raise a reasonable possibility of substantiating the claims for service connection and compensation under 38 U.S.C. § 1151 for right shoulder impingement syndrome.
- Claimed conditions
- right shoulder impingement syndrome, obstructive sleep apnea with bronchitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2022
- Citation
- 22037659
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 22037659.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to a duty to assist error. The VA will obtain new opinions from different VA examiners to address whether the Veteran's conditions were incurred or aggravated by his military service, including exposure during combat.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment prior to January 31, 2023.
- Denied
The Board denied the Veteran's claim for service connection for a right shoulder disorder, finding no evidence linking his current condition to military service or any service-connected disability.
- Dismissed
The Board has dismissed the appeal of the issue regarding radiculopathy of left lower extremity. The Veteran's degenerative disc disease with spondylolisthesis, right shoulder impingement syndrome, and radiculopathy of the right lower extremity are all granted as secondary to service-connected conditions.
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