The claims for service connection for paralyzed diaphragm, right side and phrenic nerve injury are denied as new and relevant evidence has not been received. The claim for service connection for thoracic outlet syndrome, right shoulder is remanded due to a duty to assist error. The claim for service connection for erectile dysfunction is also remanded due to the PACT Act requiring a TERA-specific VA medical opinion.
The deciding factor: The claims are denied because new and relevant evidence has not been received to support the Veteran's assertions of service connection for paralyzed diaphragm, right side and phrenic nerve injury. The claim for thoracic outlet syndrome is remanded due to a duty to assist error, and the claim for erectile dysfunction is remanded due to the PACT Act requiring a TERA-specific VA medical opinion.
- Claimed conditions
- paralyzed diaphragm, right side, phrenic nerve injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2024
- Citation
- A24053295
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 A24053295.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining an addendum medical opinion to determine if VA's heart surgery in March 2014 caused additional disability resulting from phrenic nerve injury and whether such disability was due to negligence or lack of informed consent.
- Remanded (sent back)
The Board has remanded the case due to insufficient examination and incomplete medical records. The Veteran's respiratory disorder, including COPD, needs further evaluation by a VA examiner.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining an addendum opinion from a VA cardiac surgeon and securing relevant medical records.
- Denied
The veteran claims that he incurred a phrenic nerve injury during service and argues for an earlier effective date based on clear and unmistakable error (CUE) in the February 1994 rating decision. The Board found no evidence of such an injury prior to May 8, 1992.
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