The Board has decided that the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of an appendectomy is denied, and the appeal is remanded for further action on his service connection claims for left and right shoulder disabilities.
The deciding factor: The March 2016 VA examiner found that the Veteran's pain and scars from the March 2011 appendectomy were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The Board finds this opinion to be probative evidence.
- Claimed conditions
- Left Shoulder Impingement Syndrome, Right Shoulder Impingement Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002907
Veterans Law Judge
Decisions by this judge: 709 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24002907.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a right shoulder disability, finding that the Veteran's current symptoms are related to his in-service injury.
- Granted
The Veteran's right shoulder disorder was denied service connection initially, but new evidence received after the March 2008 rating decision is relevant to this issue. The Board finds that a current diagnosis for right shoulder impingement syndrome exists and that it did not have its onset during service or otherwise be related to service.
- Denied
The Veteran was granted service connection for various conditions, but the appeal regarding an earlier effective date for benefits under the VA PCAFC related to a June 2023 application is denied.
- Remanded (sent back)
The Board has determined that the VA examinations and opinions provided do not comply with the remand directives. Therefore, another remand is necessary to obtain the requested retrospective estimates for the Veteran's right shoulder and lumbar spine disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.