The Veteran's appeal for revising the May 2013 rating decision regarding initial, 10 percent disability ratings for left and right shoulder disabilities due to CUE is dismissed because it is legally precluded by the doctrine of res judicata.
The deciding factor: Previous decisions denying similar claims of CUE have become final, thus preventing further appeals on these issues.
- Claimed conditions
- left shoulder glenoid labral tear with open reduction internal fixation and bursitis, right shoulder bursitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2026
- Citation
- A26038591
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 A26038591.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted service connection for right shoulder and left shoulder disorders, finding that the Veteran's current diagnoses are related to his military service.
- Denied
The Veteran's claims for increased ratings for right and left shoulder disabilities were denied because she failed to report for scheduled VA examinations without good cause.
- Dismissed
The Veteran's attempts to appeal the denial of service connection for posttraumatic stress disorder and right shoulder bursitis were dismissed because they were not filed within one year of the rating decision, and no good cause was shown for the delay.
- Denied
The Veteran's claims for effective dates prior to May 9, 2024 for service connection were denied as the earliest effective date established is the date of his supplemental claim, May 9, 2024.
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