Shoulder decisions — 2015

The Board has determined that there was not substantial compliance with the October 2014 remand directives and another remand is warranted due to an inadequate VA examination.

The Veteran's service-connected disabilities have resulted in a combined schedular evaluation of 100 percent, which qualifies him for consideration of TDIU. The Board has granted the claim.

The Board has ordered the VA to obtain worker's compensation records from New Jersey, and if these records are unavailable or cannot be obtained, notify the Veteran. The case will then be remanded for further action.

The Veteran claims service connection for a left shoulder disorder, which the Board has decided to remand due to insufficient evidence. The case will be returned to the AOJ for further development and consideration.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the etiology of his claimed left shoulder, low back, left knee, and left hip disorders. The VA examiner will need to determine if these conditions are related to military service or an undiagnosed illness.

The Board has reopened the claims for service connection for right ankle, right knee, and right shoulder disabilities due to new evidence submitted since the final denial. The claims are now considered on their merits.

The appeal is being remanded for further development, including obtaining VA treatment records and providing an opinion on the nature of the Veteran's right hand disability and its relationship to service.

The Veteran is granted total disability rating based on individual unemployability due to service-connected disabilities from September 29, 2014 forward.

The Board has remanded the case for further development due to deficiencies in previous examinations and the need to address the severity of the Veteran's disability during flare-ups.

The Board has granted service connection for right shoulder impingement syndrome and hypertension, both rated at 10 percent since December 1, 2009.

The Board found that the Veteran's low back, left shoulder, and right ankle disorders are not related to his active service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran's testimony regarding his in-service hearing loss and tinnitus, as well as his shoulder injuries, is sufficient to establish service connection. Service connection for bilateral hearing loss, tinnitus, right shoulder disability, left shoulder disability, and pes planus are granted.

The Board has determined that the Veteran does not have a current disability related to service for his back, left shoulder, and left knee conditions. The evidence does not establish continuity of symptomatology or a nexus between these disabilities and service.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting medical examinations to clarify the nature of the Veteran's psychiatric disorder, right knee strain, thoracic lumbar strain, right ankle strain, and right shoulder strain.

The Veteran's claim for TDIU is being remanded due to the mixed nature of his service-connected right shoulder disability and the need for further development regarding his employability.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not result in a combined rating of at least 70%.

The Board denied the Veteran's claims for service connection for residuals of a concussion, carpal tunnel syndrome of the right hand, and cervical spine disability. The Veteran's right shoulder disability was rated at 20 percent until March 13, 2013, when it was increased to 40 percent. The Board also denied ratings in excess of 20 percent for the Veteran's right upper extremity radiculopathy, and denied compensable ratings for his scars and occipital neuralgia.

The Veteran withdrew his appeals for the listed issues prior to a decision being made.

The Veteran's claims are being remanded due to the need for additional development, including obtaining Social Security Administration (SSA) records and updated VA treatment records.

The Veteran's claims for service connection have been granted for a low back disability, allergic rhinitis, and left shoulder impingement syndrome with osteoarthritis. The remaining issues are either not addressed or remain pending.