Shoulder decisions — 2019

The Board has remanded the cases due to inadequate development, particularly regarding the Veteran's assertions of in-service back injuries and aggravation by his job.

The Board denied the Veteran's appeal because his substantive appeal was not filed within 60 days of the issuance of the statement of the case.

The Veteran's initial disability rating for bilateral hearing loss has been granted at a 10% level effective June 3, 2015. The Board has also remanded the issues of service connection for right shoulder, low back, left foot, headache, and sciatic nerve disabilities due to incomplete records and need for additional medical opinions.

The Veteran's appeals for service connection on remand and for earlier effective dates are pending. The appeal of the initial rating for coronary artery disease is also pending.

The Veteran's claims for service connection for residuals of a right femur fracture and degenerative joint disease of the left shoulder are both denied.

The Board has remanded the Veteran's claims for service connection for right shoulder, low back, and neck disorders due to a lack of VA examinations in these areas. The claims are being returned to the RO for further development.

The Board has remanded the claims due to new evidence received since the last Supplemental Statement of the Case.

The Board has granted service connection for migraine headaches on a presumptive basis. The cases of low back, left shoulder, right shoulder, left knee, right knee, and bilateral ankle disabilities are remanded due to insufficient evidence.

The Board denied the Veteran's claims for service connection for a right shoulder disability and for a compensable rating for bilateral hearing loss, finding no evidence to support these claims.

The Board has found that the VA examinations conducted in December 2018 did not substantially comply with the previous Board decision and are therefore inadequate. The matter is being remanded for further examination to determine the nature and etiology of any bilateral shoulder disability, neck disability, and/or back disability.

The Veteran's right ankle disability is currently rated at 10 percent, and the Board has granted a 20 percent rating. The Veteran's right shoulder disability was increased to 20 percent in December 2018. The case is remanded for further development regarding his right shoulder disability.

The Board has remanded the Veteran's claims for service connection due to incomplete verification of her periods of active duty and inactive duty training. The claims will be further adjudicated after verifying her service history.

The Board has remanded multiple claims, including service connection for sleep apnea, hypertension, acid reflux with hiatal hernia, acquired psychiatric disorder (claimed as PTSD), and left shoulder disorder. The remand also includes obtaining VA medical opinions regarding the relationship between these conditions and the Veteran's service-connected disabilities.

The Veteran's petition to reopen previously denied claims for left wrist condition, bilateral ankle tendinitis, and low back condition were granted. The petitions for service connection for bilateral hearing loss and tinnitus were denied.

The Veteran's initial ratings for DJD of the right and left shoulders have been granted at 40% and 30%, respectively, effective from when the claims were filed.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient evidence or need for additional development. The effective date of benefits is not addressed in this decision.

The Veteran's initial rating for service-connected scars status post right shoulder surgery was granted at a 30 percent rating, the maximum available. The Veteran's initial rating for service-connected degenerative joint disease of the right shoulder was denied as her disability did not meet the criteria for an increased rating.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations to assess the severity of her disabilities, including myofascial pain, right shoulder degenerative joint disease, lumbar spine degenerative joint disease, bilateral knee internal derangement, bilateral plantar fasciitis with hallux limitus, and abdominal scars.

The Board has decided to remand the Veteran's claims for further development due to inadequate examination reports and failure to address functional impairment during flare-ups.

The Board denied service connection for a left shoulder and left bicep disability, as well as bilateral hearing loss and tinnitus. The Veteran's claims were not supported by competent evidence linking the disabilities to his military service.