The Board denied the Veteran's claim of service connection for a right upper extremity disorder, finding that clear and unmistakable evidence established that his pre-existing right shoulder labral tear did not worsen during service. The Board also determined that other diagnosed conditions (mild subacromial subdeltoid bursitis and right bicep tendinosis) were unrelated to his military service.
The deciding factor: The VA examiner's opinion supported the finding of a pre-existing condition, with no aggravation during service, for all diagnoses except the right shoulder labral tear.
- Claimed conditions
- Right shoulder labral tear, Mild subacromial subdeltoid bursitis, Right bicep tendinosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 14, 2023
- Citation
- 23060752
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. Read the original VA decision (opens in a new tab) using citation 23060752.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for a psychiatric disorder, diagnosed as adjustment and other specified trauma- and stressor-related disorders. The initial evaluations for right shoulder labral tear, right ankle sprain, left ankle sprain, right hip strain with limitation of flexion, right hip strain with limitation of extension, right hip strain with impairment of thigh, and allergic rhinitis were denied.
- Whole decision: Denied
The Board denied the Veteran's claims for increased ratings for his cervical spine and right shoulder disabilities, as well as an earlier effective date for TDIU benefits.
- Whole decision: Granted
The Veteran's right shoulder disability is now rated at 30 percent, effective October 28, 2020. Service connection for bilateral dry eye syndrome has been established.
- Whole decision: Granted
The Veteran's initial higher rating of 20 percent for residuals of a right foot fifth metatarsal fracture is granted. The appeal for an initial rating higher than 20 percent for his right shoulder labral tear is denied.
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