The Board denied attorney fees based on past-due benefits awarded in a June 2022 rating decision for service connection of right shoulder strain and left elbow radial head fracture. The appeal is dismissed as the June 2022 decision was the initial decision on the merits.
The deciding factor: The June 2022 rating decision was the initial decision on the merits, triggering attorney fees only after a prior AOJ decision had been issued.
- Claimed conditions
- right shoulder strain, nondisplaced fracture of the left elbow radial head
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 12, 2024
- Citation
- A24083064
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 A24083064.
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.
- Denied
The Board has denied the Veteran's claim for service connection for right shoulder strain as there is no evidence of a chronic condition in service or within one year after discharge, and the medical opinion found that his current condition is not related to his military service.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability based on individual unemployability.
- Remanded (sent back)
The Board has remanded the case for a determination on whether the Veteran's right shoulder strain warrants a compensable disability rating, and if so, what that rating should be.
- Granted
The Board has granted service connection for the Veteran's right and left shoulder disabilities, finding that they are related to his active duty service.
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