Shoulder decisions — 2019

The Board found that the September 2013 rating decision, which denied service connection for a right shoulder disability, contained an error due to a failure to apply the presumption of soundness. The Veteran's current right shoulder disability is related to in-service manifestations and there was no clear and unmistakable evidence showing it pre-existed service or was aggravated by service.

The Board denied service connection for a right shoulder condition, finding that the current condition did not have onset during service and is not otherwise related to service.

The Veteran's left shoulder disorder, diagnosed as chronic bicipital tendonitis, was not manifested in service and is not related to his active service.,A chronic back disorder was not manifested in service; arthritis of the lumbar spine was not manifested in the first post-service year; and a current back disorder is not otherwise shown to be related to service or proximately due to, the result of, or aggravated by a service-connected disability.

The Board has determined that additional evidence is needed to determine the nature and etiology of any current or previously-diagnosed back disorder, acquired psychiatric disorder, left shoulder disorder, left knee disorder, neck disorder, right shoulder disorder, left hip disorder, right hip disorder, and right knee disorder. The Veteran's service treatment records indicate symptoms related to these conditions during his period of active duty.

The Veteran's appeals for increased ratings for his right shoulder and lumbar spine disabilities, as well as a TDIU claim, were denied. The Board found that the evidence did not support higher ratings based on functional loss or pain.

The Board has remanded the issues of entitlement to service connection for right shoulder disorder, low back disorder, right knee disorder, and chronic sinusitis due to insufficient evidence in the record.

The Veteran's combined disability rating is calculated at 91 percent, which exceeds the required threshold for a TDIU. The RO must provide another VA Form 21-8940 to the Veteran and adjudicate his entitlement to TDIU.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of current hearing loss disability.,The Veteran's tinnitus is currently rated at the maximum schedular rating (10%) and a higher initial rating is not warranted under VA regulations.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed. The Board has also remanded the issue of a total disability rating based on individual employability prior to April 18, 2014.

The Veteran's left shoulder disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for a 30 percent rating.

The Board has determined that further development is necessary to determine the current severity of the appellant's left shoulder disability, including any flare-ups and functional loss. The appeal will be remanded for these purposes.

The Board has remanded the claims for service connection for left and right shoulder impingement syndrome, as well as chronic tremors, due to insufficient evidence regarding their etiology. The Veteran's current disabilities are being evaluated in relation to his service-connected lumbar spondyloarthropathy.

The Veteran's PTSD, rated at 100% since October 18, 2012, and other service-connected disabilities combined to meet the criteria for a TDIU from May 1, 2015. Effective October 27, 2012, SMC at the housebound rate was granted.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for a special home adaptation grant or assistance in acquiring specially adapted housing.

The Board denied the Veteran's claim for service connection for a left shoulder disorder, finding that there was no evidence of a chronic disease in service or continuity of symptomatology. The preponderance of the evidence did not support a finding that the current left shoulder disorder is related to military service.

The Board has dismissed the appeals due to the absence of an adequate substantive appeal for issues related to TDIU, right shoulder limitation of motion, frequent dislocations, lumbosacral spine disability, and PTSD.

The Veteran's claim for a rating in excess of 20 percent for Reiter's syndrome is denied. The Board has also remanded the TDIU claim due to the need for further examination and consideration.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional VA examinations to assess the severity of his right shoulder and lumbosacral spine disabilities, as well as consideration of whether there are any flare-ups or functional limitations.

The Board denied the Veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.30 based on surgery performed in June 2014, finding that the surgery was unrelated to his service-connected right shoulder rotator cuff tendonitis with degenerative arthritis and did not meet the requirement of treatment for a service-connected disability.

The Veteran's claims for service connection and rating increases are being remanded due to an error in the VA's duty to assist.