Shoulder decisions — 2019

The Board has determined that the Veteran's left shoulder disability, specifically a rotator cuff tear, does not warrant a rating higher than 20 percent as it does not meet the criteria for a higher rating based on limitation of motion or other functional loss.

The Board has granted service connection for left shoulder arthritis, right shoulder arthritis, and a respiratory disability (including asthma and chronic bronchitis). The diagnoses are based on the Veteran's in-service symptoms and post-service treatment records.

The Board denied service connection for the Veteran's right and left shoulder conditions, as well as his left elbow condition. The decision found that new evidence did not meet the criteria to reopen the claim of service connection for a left elbow condition. Service connection was also denied for the right and left shoulder conditions due to lack of medical certainty regarding their relationship to service-connected disabilities.

The Board has found insufficient evidence to determine the nature and etiology of the Veteran's claimed right knee, right hip, and left shoulder disabilities. The claims are being remanded for further development.

The Veteran's spouse is found to be in need of regular aid and attendance due to visual impairment, hearing impairment, back problems, shoulder problems, and gout. The claim for an increased rate of DIC based on the need for aid and attendance is granted.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and medical opinions.

The Veteran's left shoulder condition is not rated higher than 20 percent due to limitation of motion not reaching the 25 degrees from side threshold.,The Veteran's urticaria with angioneurotic edema does not meet criteria for a rating in excess of 10 percent as it has not resulted in debilitating episodes requiring immunosuppressive therapy or attacks occurring more than once per year without laryngeal involvement.,The Veteran's neuropathy of the left upper extremity is rated at 20 percent due to moderate incomplete paralysis, and does not meet criteria for a higher rating.

The Veteran's hemorrhoid disability is granted as service-connected. The Board dismissed the appeals for earlier effective dates and remanded several issues related to his spine, knees, hearing loss, sleep apnea, coronary artery disease, hypertension, varicocele, and epididymitis.

As new and material evidence has been received to reopen the claim of entitlement to service connection for a left shoulder disability, the petition to reopen is granted. The appeal to reopen is granted. Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for sleep apnea as secondary to service connected reactive airway disease and depression is remanded. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. Entitlement to a rating in excess of 10 percent for left knee degenerative joint disease is remanded. Entitlement to an initial compensable rating for residuals of left index finger fracture is remanded.

The Board denied the Veteran's claim for service connection for a left shoulder disability, finding that there is no credible or probative evidence to suggest that his current condition began in service and has continued since then.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected coronary artery disease and PTSD, and for a left shoulder disability as secondary to his service-connected left knee disability. The decision is based on the opinion of two equally qualified medical professionals who concluded that the Veteran’s conditions are proximately caused or aggravated by their service-connected disabilities.

The Veteran's claims of service connection for various psychiatric, hearing, back, hypertension, migraine headaches, tinnitus, shoulder, frostbite, circulatory problems, lymphadenopathy and TBI disorders have been reopened. However, the claims remain denied as there is no evidence to support a link between these conditions and his military service.

The Board has determined that a remand is necessary to obtain an updated VA examination and opinion regarding the Veteran's right shoulder disability, as well as to determine if there is new and material evidence to reopen her claim.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional examinations. The appeals are inextricably intertwined with his TDIU claim.

The Veteran's left shoulder disability was not caused or aggravated by VA medical care, resulting in a denial of compensation under 38 U.S.C. § 1151.,The claim for compensation under 38 U.S.C. § 1151 for the right testicle condition as a result of VA medical care has been denied due to lack of new and material evidence within one year from the date of the final October 2012 rating decision, resulting in a denial.,The Veteran's claim for an increased rating for his post-traumatic changes of distal end of fifth metacarpal bone (Right Fifth Metacarpal Disability) is denied.

The Veteran's claims for service connection have been remanded due to the submission of new and material evidence. The cervical spine disability claim is being reopened, but further examination and opinion are needed regarding the right upper arm/shoulder disability, myofascial pain syndrome (MPS), and migraines.

The Board has remanded the service connection claims for right shoulder, left shoulder, right hip, and left ankle disabilities due to incomplete compliance with previous remand directives. The TDIU claim is also being remanded as it is inextricably intertwined with the service connection issues.

The Board has granted service connection for an ulcer disability. The issues of service connection for the remaining conditions are remanded.

The Veteran's service-connected right shoulder, left arm, right arm, left hand, right hand, and neck disorders have been denied.

The Veteran's initial rating for his right shoulder condition has been increased to 20 percent, effective September 2017. The appeal is remanded due to the need to address the issue of an initial rating in excess of 20 percent.