Shoulder decisions — 2019

The Veteran's appeals for increased initial ratings on multiple conditions have been dismissed as he has withdrawn his appeal.

The Board has determined that the Veteran should be provided VA examinations to assess the current severity and manifestations of his service-connected low back strain, cervical spine disabilities, left shoulder rotator cuff, left arm soft tissue injury with tendon involvement, migraine headaches, and hypertension. The evaluations will help determine if an increased rating is warranted for these conditions.

The Veteran's right shoulder disability is rated at 40 percent, effective from the date of the decision. The left knee disability remains at a 10 percent rating.

The Board has remanded the case due to inadequate examination and further development is required.

The Board has granted service connection for residuals of an injury to the left pinky finger and residuals of a left shoulder injury. The Veteran's claim for service connection for residuals of a left knee injury is remanded due to incomplete information regarding his periods of active duty.

The Veteran's right shoulder disability, which was initially granted in November 2008 and increased to 20 percent effective May 22, 2009, is now rated at 30 percent effective since the date of his claim. The rating is based on limited range of motion of the arm.

The Board has remanded the case due to inadequate VA examinations, and a new examination is needed to assess the severity of the Veteran's service-connected left shoulder disability.

The Veteran's right shoulder degenerative joint disease and rotator tendinopathy are currently rated at 40 percent, the highest rating available under Diagnostic Code 5201.,The Board denied entitlement to a TDIU due to service-connected right shoulder degenerative joint disease and rotator tendinopathy as his other disabilities do not meet the schedular requirements for consideration of an award of TDIU.

The Veteran's claim for increased ratings for various musculoskeletal conditions, including chronic lumbar spine strain, right lower extremity neuropathy associated with chronic lumbosacral strain, left lower extremity neuropathy associated with chronic lumbosacral strain, chronic right supraspinatus tendonitis and subacromial bursitis and strain (right shoulder), chronic right peroneal tendonitis (right ankle), and right ankle strain was granted. The Veteran is now receiving a 40% rating for the lumbar spine strain since June 4, 2018.

The Board denied the Veteran's claim for service connection for a right shoulder disability, finding that there was no evidence of chronic symptoms during or after service and insufficient medical evidence to establish a link between current disabilities and service.

The Board has remanded four issues: increased ratings for trapezius muscle injury and left upper extremity radiculopathy, service connection for bilateral hearing loss, and service connection for arthritis of the left shoulder. The Veteran is to be scheduled for VA examinations to assess the current severity of his disabilities and their etiology.

The Board has decided that the Veteran's right shoulder disorder and neck disorder are related to service, but more evidence is needed before a final decision can be made.

The Board has granted the attorney's request for payment of past-due attorney fees related to a temporary total rating for left shoulder surgery, as the criteria were met. The benefits have already been granted and no further action is required.

The Veteran's diabetes mellitus, type II, is granted as service connected. The claims for left shoulder disorder, right shoulder disorder, low back disorder, and knee strains are remanded.

The Board has denied service connection for bilateral carpal tunnel syndrome and a right shoulder condition, finding that the preponderance of evidence is against a link to service.

The Veteran's appeal for a compensable initial disability rating for scars of the right shoulder is dismissed.,The Veteran’s service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment consistent with his education and occupational experience, resulting in entitlement to a total disability rating based on individual unemployability (TDIU).,The Veteran's appeal for an increased disability rating for a condition of the right shoulder is remanded.

The Board has remanded the Veteran's claims for service connection and rating determinations for his bilateral plantar fasciitis and right shoulder disability due to missing VA examinations.

The Veteran's appeals for higher ratings on multiple disabilities have been dismissed as he has withdrawn his appeal.

The Veteran's claim for service connection of a right knee condition, to include right knee strain, was granted. The claims for increased rating on left shoulder disability and service connection for pes planus are remanded.

The Veteran's service-connected disabilities do not meet the criteria for VR&E benefits as he is successfully pursuing a Juris Doctor degree and has transferable skills that make him suitable for employment.