The Board denied compensation under 38 USC § 1151 for right shoulder disability because the appellant did not experience an additional disability of his right shoulder that was proximately caused by negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The delay in receiving treatment did not contribute to the additional disability.
The deciding factor: The Board found no evidence that the appellant's right shoulder disability was caused by or became worse as a result of any delays in VA treatment and concluded that there is no medical evidence linking the disability to the delay in obtaining treatment.
- Claimed conditions
- Right shoulder tear, Partial tearing of infraspinatus and subscapularis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 22, 2024
- Citation
- A24049293
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 A24049293.
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).
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