:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/T56ADX64ANDYNP5MWRKCULXRZA.jpg "Navajo Code Talker Samuel Sandoval dies")
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![Single Judge Application; Wait v. Wilkie, 33 Vet.App. (2020); The Court held in Wait v. Wilkie, 33 Vet.App. 8, 17 (2020), that “[t]o establish the presence of a disability . . . there must be competent evidence specific to the claimant tending to show that his or her impairment rises to a level to affect earning capacity, which may include showing manifestations of a similar severity, frequency, and duration as those VA has determined by regulation would cause impaired earning capacity in an average person.”;](https://haditprd.wpengine.com/wp-content/uploads/2022/05/Hadit-Final-Logo-Transparent.png "Single Judge Application; Wait v. Wilkie, 33 Vet.App. (2020); The Court held in Wait v. Wilkie, 33 Vet.App. 8, 17 (2020), that “[t]o establish the presence of a disability . . . there must be competent evidence specific to the claimant tending to show that his or her impairment rises to a level to affect earning capacity, which may include showing manifestations of a similar severity, frequency, and duration as those VA has determined by regulation would cause impaired earning capacity in an average person.”;"){kind=logo}
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Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-9062
ANDREW M. THORPE, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before TOTH, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
TOTH, Judge: Retired Army veteran Andrew M. Thorpe appeals a September 2019 Board decision, which determined that new and material evidence had not been received to reopen a service-connection claim for a left shoulder disorder.1 He argues that (1) the Board’s new and material evidence determination was clearly erroneous, and (2) the Board erred in relying on an inadequate medical examination. For the reasons set forth below, the Court affirms.
I. BACKGROUND
Mr. Thorpe served from 1986 to 2007. During his last year of service, he filed a VA compensation claim for a “shoulder injury” that he said occurred in July 2000. R. at 1871. In 2008, the regional office (RO) denied service connection for both a left and right shoulder disorder. The RO decision listed in the “evidence” section the veteran’s service treatment records (STRs) from November 3, 1985, until April 18, 2006. R. at 1770. And based on these records, the RO concluded that there was no evidence of a current left shoulder disability. Mr. Thorpe did not pursue an appeal and the 2008 decision became final.
1 The Board also reopened and remanded a claim for service connection for a left knee disorder and remanded a claim for service connection for bilateral pes planus. Because remands are not final decisions, the
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