The Board denied the motion to revise on the basis of clear and unmistakable error (CUE) for both the August 2001 and December 2014 rating decisions regarding service-connected right and left shoulder strains.
The deciding factor: The RO's application of the law at the time was not clearly and unmistakably erroneous, as reasonable minds could differ on the applicability of 38 C.F.R. § 4.59 to non-arthritis claims.
- Claimed conditions
- right shoulder strain, left shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- A24069269
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's service connection for left shoulder strain, labral tear, acromioclavicular joint osteoarthritis, and tendinitis was granted, while the effective date prior to November 11, 2023, for migraine headaches was denied.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
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.