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Board of Veterans' Appeals · Legacy series

Service connection for a right shoulder disability is denied.

January 30, 2026Citation Nr. 26001450Docket 19-17 549va.gov source

  • Right shoulder disabilityDenied
  • Right knee disabilityDenied
  • Bilateral hearing lossDenied

Board reasoning

The Board found that the claimed disabilities were not shown to be related to service and that there was no competent nexus. It acknowledged the Veteran’s testimony and current diagnoses but concluded the preponderance of the evidence weighs against direct service connection, including for arthritis within the presumptive period, and there is no consistent evidence of a chronic disability since service. A VA medical opinion was found to be persuasive and no additional development was required beyond remand for records; the Veteran’s credibility was carefully weighed, and the benefit of the doubt was not applied due to the persuasive evidence against the claims.

Issues

  • Right shoulder disabilityDenied
  • Right knee disabilityDenied
  • Bilateral hearing lossDenied

Authorities

  • Stegall v. West, 11 Vet. App. 268the Court directed remand and substantial compliance with remand directives, indicating the Board must follow remand orders and provide adequate reasoning
  • Dyment v. West, 13 Vet. App. 141requires substantial compliance with Board remand directives when seeking further development
  • O'Hare v. Derwinski, 1 Vet. App. 365heightened duty to explain findings when service treatment records are sparse
  • Wait v. Wilkie, 33 Vet. App. 8recognizes that pain with functional impairment may constitute disability for VA purposes
  • Saunders v. Wilkie, 886 F.3d 1356supports consideration of pain as disability even without diagnosed condition in some contexts
  • Kahana v. Shinseki, 24 Vet. App. 428notes that medical questions require medical expertise and lay statements alone are not sufficient to establish etiology

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.