Shoulder decisions — 2019

The Veteran's initial claim for a 10% rating for his service-connected left index finger contracture is granted. Service connection for left ear hearing loss is also granted, but right ear hearing loss and other conditions are denied.

The Board has remanded the claims for compensation under 38 U.S.C. 1151 due to an internal inconsistency in a previous VA examiner's opinion, and additional clarification is needed.

The Board has remanded the Veteran's claims for service connection for gout, joint pain (claimed as pain in all joints shoulder down to feet), sleep apnea, hypertension, and posttraumatic stress disorder due to a lack of VA examinations.

The Board has denied the Veteran's claim for a rating in excess of 10 percent for tinnitus, and has remanded several other issues related to service connection. The appeal is currently pending.

The Veteran's PTSD is rated at 70 percent, effective from March 5, 2010. A TDIU was granted as of July 1, 2010.

The Veteran's left shoulder disability, resulting from a failed total shoulder arthroplasty performed in October 2011, is being remanded for further evaluation due to allegations of negligence or fault on the part of VA medical personnel.

The Board has denied the Veteran's claims for service connection for right shoulder, right leg, left leg, and bone issues in the right foot disabilities as there is no competent evidence showing a link between these conditions and his military service.

The Board denied service connection for hernia, bilateral shoulder disability, back disability, hypertension, and radiculopathy of the bilateral lower extremities as there is no current evidence of these conditions during active service or within one year after separation. The Veteran's symptoms were resolved prior to separation.

The Board denied service connection for a shrapnel wound of the back and an increased rating for left shoulder degenerative changes. The Veteran's claims were not granted as there was no evidence to support separate service connection for the back injury, and his current disability ratings are appropriate based on the severity of his left shoulder condition.

The Board has remanded the claims for service connection due to the Veteran's inability to attend VA examinations and the need for additional medical records.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including right shoulder disability, right hip myositis ossificans, right knee degenerative joint disease and arthroscopic residuals, right Achilles tendon, left Achilles tendon, and left fourth (ring) metacarpal fracture residuals. The appeals are remanded due to the need for additional VA examinations and obtaining relevant medical records.

The Board has reopened the claims for service connection for hypertension, OSA, and PTSD. However, it denied the claims for a back disorder, right shoulder disorder, insomnia, and PTSD due to lack of evidence establishing a direct or secondary relationship with service.

The Board has granted an earlier effective date of September 13, 2010 for the award of special monthly compensation based on aid and attendance status due to service-connected disabilities.

The Board has granted service connection for a right shoulder rotator cuff tear, finding that the Veteran's current condition is at least as likely as not related to his military service. The claim was reopened due to new and material evidence submitted since the last denial.

The case is being remanded for additional procedural and evidentiary development, including associating the Veteran's VR&E folder with the claims file since February 2018. The AOJ must consider new evidence associated with the claim of entitlement to VR&E benefits under 38 U.S.C., Chapter 31.

The Veteran's right shoulder disability is found to have been incurred in and due to his time in service, thus service connection for the condition is granted.

The Board has remanded the case due to incomplete service records and the need for a VA medical opinion regarding the Veteran's left shoulder disorder. The remand includes verifying the Veteran’s service, obtaining STRs and SPRs, and scheduling a VA examination.

The Veteran's claims have been remanded due to new evidence received and the need for further examinations. The reopened claim of fibrocystic breast disease is pending, while other issues related to service connection are also being reviewed.

The Veteran's nephrolithiasis (kidney stones), left shoulder condition, right shoulder condition, right wrist joint pain, left knee chondromalacia of patella, right knee chondromalacia of patella, and left ankle sprain are granted service connection. The Veteran's hypertension is also granted service connection. However, the issues of higher initial ratings for chronic fatigue syndrome, gastroesophageal reflux disease, non-migraine headaches, PTSD with major depressive disorder and alcohol abuse disorder, TDIU prior to June 3, 2013, and special monthly compensation based on housebound criteria prior to June 3, 2013 are remanded.

The Board has remanded the Veteran's claims for service connection due to incomplete STRs, and requests that updated treatment records be obtained.