The Veteran's claim for compensation under 38 U.S.C. § 1151 for a right shoulder disability resulting from a February 2018 shoulder surgery is dismissed because his service connection for the same condition has already been granted. The Board also remanded the issue of service connection for left ear hearing loss due to inadequate examination.
The deciding factor: The Veteran's claim for compensation under 38 U.S.C. § 1151 was dismissed as moot since he had already received service connection for his right shoulder disability, which is the benefit sought under the 1151 claim.
- Claimed conditions
- Right shoulder impingement syndrome with rotator cuff tear, acromioclavicular joint separation, tendinitis and degenerative arthritis, Left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2024
- Citation
- 24005062
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 24005062.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
- Remanded (sent back)
The Veteran's liver disability has not resulted in any compensable symptoms, as he had a previous history of liver disease but is currently asymptomatic.,The Veteran's left ear hearing loss has been rated at noncompensable level due to the absence of more than Level I hearing acuity.
- Granted
The Board has granted a total disability rating based on individual unemployability (TDIU) from August 6, 2008 due to the Veteran's service-connected right knee disability.
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