Shoulder decisions — 2019

The Veteran's application to reopen claims for cervical spine disability, left shoulder condition, right shoulder condition, and psychiatric disorder (to include depression and anxiety) was granted. The claim for stomach cramps is denied. The effective date of service connection for psychiatric disorder (to include depression and anxiety) is remanded.

The Veteran's claims for a right shoulder disorder and left ankle/foot disorder have been reopened, but the claim for respiratory disorder due to asbestos exposure has not.,The Veteran is seeking service connection for his current right shoulder disorder and left ankle/foot disorder. The VA will conduct further development including obtaining medical records and scheduling an examination.

The Board has remanded the case due to new evidence submitted by the Veteran, which includes a statement from his fellow serviceman and a private medical opinion. The claim is now being reconsidered with the addition of this new information.

The Veteran's right upper extremity/shoulder disability and an upper respiratory disorder (allergic rhinitis) have been granted service connection. The rating for the left humerus painful motion has been increased to 10 percent, while a higher rating is denied from August 2, 2012. A separate 20 percent rating for left humerus limitation of flexion is granted starting July 26, 2018. The Veteran's right wrist disability does not meet the criteria for a higher rating.

The Veteran's claims for service connection have been granted, with effective dates ranging from August 11, 1995 to September 17, 2014. The application to reopen the claim of service connection for psychiatric disability has also been granted.

The Board has determined that additional medical records from the Social Security Administration (SSA) are needed to properly assess the Veteran's claims for service connection. The AOJ must ensure that the examiner’s nexus opinions correspond with the examination report of the joint being addressed.

The Veteran's claim for service connection for chronic subluxation of the left shoulder was denied because there is no evidence that his current condition is related to his active duty service. The Board found that the Veteran's current disability does not stem from his in-service injury and that a causal relationship cannot be established.

The Board has decided to remand the Veteran's claims for service connection for lower back and right shoulder disabilities due to a lack of post-service medical evidence establishing current disabilities related to his military service.

The Veteran's service-connected right shoulder disability has been rated at 20 percent since the initial rating period. The Board finds that his condition more nearly approximates a 40 percent rating throughout the entire initial rating period on appeal.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete VA examinations and lack of attempts to obtain treatment records from incarcerated facilities.

The Board has remanded the claims for service connection due to new and material evidence having been submitted. The Veteran's left shoulder, cervical spine, bilateral upper extremity radiculopathy, and bilateral foot disabilities are all being reviewed again as they may be related to his military service.

The Veteran's claims for increased ratings and service connection were denied. The right ankle disability was not rated higher than 10%. Service connection for bilateral knee disorder, left shoulder disorder, neck disorder, and sleep apnea were all denied as new evidence did not relate to the unestablished facts necessary to substantiate these claims.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his claimed disabilities and exposure during military service. The Veteran is required to undergo VA examinations to address these issues.

The Board denied the Veteran's petitions to reopen his service connection claims for left shoulder injury, neck disability, and back disability due to lack of new and material evidence.

The Board has determined that a medical examination is needed to determine the nature and etiology of the Veteran's right shoulder disability, including whether it is related to his in-service surgery. The case will be remanded for this purpose.

The Veteran's low back condition is now rated at 40 percent effective September 4, 2013.

The Veteran's right shoulder tendinitis is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and Social Security Administration records.

The Board has remanded several issues, including service connection for right shoulder disability and bilateral foot disability. The Veteran's PTSD is rated at 50 percent but the Board found that his symptoms did not warrant a higher rating.

The Board has granted service connection for obstructive sleep apnea and remanded the remaining claims due to insufficient evidence.