Shoulder decisions — 2017

The Board has decided to remand the claim for service connection of a right shoulder disability due to insufficient evidence and need for further development.

The Board has remanded the Veteran's claims for addendum medical opinions due to previous examinations based on inaccurate premises. The claims are now pending and will be reviewed again.

The Board found that the Veteran's disability rating for residuals of a right shoulder injury was not in excess of 20 percent prior to February 11, 2014 and not in excess of 30 percent thereafter. The appeal is denied.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records, scheduling examinations to assess the Veteran's disabilities, and considering his TDIU claim.

The Veteran's claim for service connection for multiple joint pain, including as due to an undiagnosed illness or other qualifying chronic disability pursuant to 38 U.S.C.A. � 1117 is being remanded for additional development.

The Board found that the Veteran did not meet the criteria for service connection for any of his claimed conditions, including a low back disorder, bilateral shoulder and hip disorders, cervical spine disorder (neck), or insomnia disorder (claimed as sleep apnea). The evidence did not establish a link between these conditions and active duty service.

The Board has determined that additional development is required for the claim of service connection for a right shoulder disorder. The Veteran's pre-induction medical examination indicated normal upper extremities, and he reported no painful or 'trick' shoulder in his April 1969 pre-separation report of medical history. His separation examination also indicated normal upper extremities. However, the Veteran contends that he broke his collar bone and tore shoulder ligaments during a mortar attack while stationed in Vietnam, which resulted in a right shoulder disability. The Board will seek to verify this account and determine if there is evidence linking any current right shoulder disability to service.

The Veteran's appeal is being remanded for additional development to obtain medical records, provide examinations and opinions regarding his claimed conditions, and determine the appropriate service connection theory.

The Veteran withdrew her appeals for the issues of increased evaluations for cervical spine degenerative disc disease, left upper extremity cervical radiculopathy, and left shoulder degenerative joint disease with rotator cuff tendonitis prior to the Board's decision.

The case is REMANDED to the Agency of Original Jurisdiction (AOJ) for a new VA examination due to recent Court decisions and remand requirements. The Veteran's left shoulder disability will be evaluated based on updated treatment records and a comprehensive physical examination.

The Veteran's claims for service connection for a left shoulder disability, respiratory disorder (other than obstructive sleep apnea), and obstructive sleep apnea have been denied as the evidence does not support a finding that these conditions are related to his military service.

The Board denied the Veteran's claims for service connection for a neck disorder and left shoulder disorder, as well as his claim for an increased rating for residuals of degenerative disc disease of the lumbar spine. The TDIU claim was also denied.

The Board has ordered additional development due to the need for a VA examination and opinion regarding the relationship between the Veteran's service-connected left shoulder bursitis and his right shoulder disability, as well as whether the right shoulder disability was aggravated by the service-connected condition.

The Board has denied the Veteran's claims for service connection for sleep apnea and an increased rating for his left shoulder disability, finding that there is no evidence to support a link between these conditions and his military service.

The Board has denied the Veteran's claims of service connection for left shoulder disability, right shoulder disability, back disability and GERD as there is no evidence that these conditions are related to his military service.

The Veteran's appeal has been withdrawn due to the grant of a TDIU, and his service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment.

The Veteran's initial rating for migraine and tension headaches has been granted at a 50 percent level, effective from the date of claim. The right knee disability is rated at 10 percent, effective from the date of claim.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's valvular heart disease, diabetes mellitus, type II, and right shoulder disability are related to his military service. As such, these conditions have been granted service connection.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and thus the claims are denied.

The Board has determined that the Veteran's joint and nerve pain is not caused or aggravated by his service-connected HIV, and therefore, denied all claims for secondary service connection.