Shoulder decisions — 2019

Tinnitus is granted as service-connected.,Traumatic brain injury is denied as not service-connected.,Right knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Left knee disability evaluation in excess of 10 percent is remanded for further examination and opinion.,Right shoulder condition is remanded for further examination and opinion regarding etiology.,Left elbow condition is remanded for further examination and opinion regarding etiology.,Bilateral hearing loss is remanded for further examination and opinion regarding etiology.,Cervical spine condition is remanded for further examination and opinion regarding etiology.,Obstructive sleep apnea is granted as service-connected.

The Board has remanded the Veteran's claims for hypertension, headaches, hepatitis C, and fatigue/malaise due to pre-decisional duty to assist errors. The claims for disabilities of the back, right shoulder, hips, knees, and ankles are inextricably intertwined with the claim for hepatitis C.

The Veteran's claims for effective dates earlier than February 29, 1996 for the grant of service connection for various conditions have been denied. The Board found that the evidence did not support an earlier effective date.

The Veteran's left shoulder disability has worsened since her last VA examination, and a new VA examination is needed to determine the current severity of her condition.

The Board denied the Veteran's claim for TDIU as her service-connected disabilities do not render her unemployable, considering her other severe nonservice-connected disabilities.

The Board denied service connection for a left shoulder disability, finding that the Veteran's current condition is not related to his military service and is not caused or aggravated by his service-connected right shoulder disability.

The Veteran's claim of service connection for a headache disorder is granted. Claims for service connection for left shoulder, right shoulder, acquired psychiatric disorders, low back, eye, and hearing disorders are denied.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied in an August 2004 rating decision. The claim for right shoulder arthritis was reopened, but the issue remains remanded due to a lack of VA employee treatment records from 1983-1984.

The Veteran withdrew his appeal regarding a rating in excess of 30 percent for post-surgical residuals of the right shoulder, and as such, the issue is dismissed.

The Veteran's tinnitus is granted service connection. Service connection for hyperlipidemia, hypertension, left shoulder disability, neck disability, and foot disability is denied.

The Board has remanded the Veteran's claims for service connection for residuals of an injury to his left shoulder, gastroesophageal reflux disease (GERD), and traumatic brain injury (TBI) due to a lack of medical nexus opinions addressing the Veteran's lay statements regarding in-service injuries.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's shoulder disability was aggravated by service. The claim will be reviewed again with additional medical examination.

The Board has granted service connection for the Veteran's right shoulder disability, finding that it is at least as likely as not related to his active duty service.

The Board denied service connection for the Veteran's eye disability, bilateral foot disability, bilateral hand disability, bilateral hip disability, bilateral knee disability, and bilateral shoulder disability as secondary to his service-connected lumbar spine disability.

The Board has dismissed the appeals seeking increased ratings for nose fracture and headaches. The remaining issues of service connection for back, neck, and shoulder disabilities are remanded.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea and right shoulder DJD, as additional medical evidence is needed to determine if these conditions are related to service.

The Veteran's claim for a higher rating for his service-connected shell fragment wounds of the right shoulder was granted with an effective date of September 19, 2013. The July 1972 decision assigning a non-compensable rating for this condition is denied as there is no CUE.

The Board denied the Veteran's claim for a total rating based on individual unemployability (TDIU) due to service-connected left shoulder disabilities, finding that his service-connected disabilities do not meet the schedular criteria set forth in 38 C.F.R. § 4.16(a).

The Veteran's service-connected disabilities, including bilateral pes planus, left ankle talocalcaneal coalition with associated left tibialis posterior tendonitis, and other orthopedic conditions, render him unemployable prior to August 1, 2016.

The Board has remanded the case due to the need for additional development regarding both the right shoulder surgery convalescence rating and the earlier effective date claim. The Veteran's right shoulder disability is service-connected, but the effective date of this connection needs to be determined first.