The Board denied the veteran's claim for an initial disability rating in excess of 20 percent for a right shoulder rotator cuff tear due to his failure to attend a scheduled VA examination without good cause.
The deciding factor: The claim was denied because the Veteran failed to report for a VA examination scheduled in conjunction with his claim for increase without providing good cause.
- Claimed conditions
- right shoulder rotator cuff tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001159
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 service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for sleep apnea, left shoulder bicipital tendon tear, hypogonadism, erectile dysfunction, and left carpal tunnel syndrome. The claims for increased ratings for lumbar spondylosis with facet arthropathy and lumbosacral strain, right hip strain with osteoarthritis, other specified trauma and stressor related disorder, left and right ankle lateral collateral ligament sprain, right shoulder rotator cuff tear, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome (to include iliotibial band syndrome), and chronic right wrist sprain were denied. The Board also granted an effective date of July 7, 2023 for the award of increased ratings.
- Remanded (sent back)
The Board remands the claims for service connection for left and right shoulder rotator cuff tears due to a pre-decisional duty to assist error regarding the Veteran's complete service treatment records.
- Partly granted
The appeal was dismissed for the right shoulder rotator cuff tear, sleep apnea was granted as secondary to service-connected PTSD, and left shoulder degenerative arthritis and back injury were denied.
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.