Shoulder decisions — 2019

The Board has determined that additional medical opinions are needed to address the Veteran's claims for bilateral knee, right ankle, left hip, low back strain, acquired psychiatric disability (including PTSD), and headaches conditions as they may be related to his service-connected flat feet condition.,For the heart condition claim, a new VA examination is required due to conflicting in-service medical records.

The Veteran's appeals for service connection and rating issues have been dismissed due to withdrawal of the claims by the Veteran during his hearing.,Additional development is required for the following issues: whether new and material evidence has been received to reopen a claim of service connection for residuals of a neck injury, service connection for sleep apnea secondary to an acquired psychiatric disorder and service-connected sinusitis, service connection for an acquired psychiatric disorder (PTSD), initial rating higher than 10 percent for right shoulder strain and rotator cuff tendonitis, initial rating higher than 10 percent for instability of the left knee, and initial rating higher than 10 percent for left knee strain with meniscus repair surgery.

The Board denied service connection for a left shoulder disability, finding that the evidence does not support a link between the current condition and active duty service.

The Veteran's service-connected left shoulder strain is currently rated at 20 percent, which is the maximum rating available. The Veteran's service-connected onychomycosis of bilateral big toes does not meet the criteria for a compensable disability rating.

The Board has denied service connection for back, bilateral foot, right shoulder, left shoulder, right knee, and left knee disorders. Service connection was granted for PTSD with a rating of 70% effective September 7, 2011.

The Board has remanded the cases due to the need for additional examinations and records, particularly related to recent surgeries and evaluations of the Veteran's left shoulder and low back disabilities, as well as his anxiety disorder.

The Veteran's claim for bilateral hearing loss has been reopened, but service connection remains denied.,Service connection is denied for left shoulder arthritis and leg pain as these conditions are not related to active duty service or a service-connected disability.,Service connection for sleep apnea is denied as there is no current diagnosis of the condition.,Diabetes mellitus, type II, was not incurred in or aggravated by active military service. Service connection is also denied.,Headaches and PTSD are not etiologically related to the Veteran’s active duty service.,Service connection for depression has been granted with staged initial ratings from October 2, 2013.

The Veteran's surgical scars of the bilateral upper extremities are currently rated as noncompensable prior to January 20, 2016 and at a maximum of 10 percent thereafter. The Veteran is seeking an increased rating for her left shoulder disability (thoracic outlet syndrome) and entitlement to TDIU.,The Veteran's headache disability has been assigned a maximum schedular rating of 50 percent since the period on appeal began, based on very frequent prostrating attacks that are productive of severe economic inadaptability. The Veteran is seeking an increased rating for her left shoulder disability (thoracic outlet syndrome) and entitlement to TDIU.,The Veteran's left shoulder disability (thoracic outlet syndrome) has been rated as noncompensable since the period on appeal began. The Veteran is seeking a higher rating for this condition, as well as entitlement to TDIU.

The Veteran's appeal to reopen a claim for service connection for left index finger disability, and the appeals for compensable rating for left shoulder scar and restoration of 30% rating for degenerative joint disease of the left (minor) shoulder are dismissed as withdrawn. The appeal for increased ratings for left shoulder arthritis is denied.

The Veteran's service-connected disabilities did not prevent him from performing the physical and mental acts required for employment prior to March 18, 2014.

The Board has determined that the Veteran's service-connected disabilities, particularly his headaches and psychiatric disorder, render him unable to maintain substantially gainful employment. As a result, TDIU is granted.

The Board has denied service connection for migraine headaches and remanded the issue of service connection for a left shoulder disability due to insufficient evidence.

The Board denied the Veteran's request to reenter the VA vocational rehabilitation and employment program, finding that her service-connected disabilities did not worsen to the extent that she was precluded from performing work duties or that her previously rehabilitated occupation was unsuitable.

The Board has decided to remand the case due to incomplete information and procedural errors, including a lack of proper authorization for treatment at Promise Hospital. The VA will need to obtain additional records from Leesburg Hospital regarding transfer attempts and any relevant VA records.

The Board has determined that there is no current evidence of a left shoulder disability, left wrist disability, cervical spine disability, or right finger numbness related to service.,There is also no current evidence of a left and/or right knee disability or colitis related to service.

The Veteran's claim for a higher rating for left shoulder tendonitis was denied, but her TDIU claim was granted. The Veteran is currently employed in part-time positions and at the state fair, but her service-connected disabilities have impacted her ability to perform work-related tasks.

The Board has remanded the Veteran's claims for service connection for left shoulder and cervical spine disabilities due to functional impairment caused by his right shoulder impingement syndrome.

The Veteran's bruxism (teeth clenching) is granted service connection. The right shoulder condition, lower back condition, and high cholesterol are denied as not related to his active duty military service.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, secondary to military sexual trauma is granted. The Board also finds that the Veteran's left shoulder condition may be related to her in-service injury and grants this claim as well.

The Veteran's appeal is remanded due to the need for a new VA examination and for issuance of a Statement of the Case regarding the effective date issue.