Shoulder decisions — 2019

The Board has granted service connection for a right shoulder strain, finding that the evidence is at least evenly balanced as to whether the Veteran's right shoulder strain had its onset in service and has continued since.

The Board has decided that the service connection for the Veteran's right shoulder disability cannot be determined without additional information from a VA examiner.

The Veteran's claims for higher initial ratings for service-connected DJD of the right and left shoulders are remanded due to insufficient examination findings. The claim for an initial rating in excess of 10 percent for service-connected DJD of the bilateral shoulders from July 3, 1997 to June 30, 2015 is also remanded.

The Board has ordered remand for the right shoulder and right hip claims due to insufficient medical opinions regarding the severity of the Veteran's conditions. The Veteran will need a VA examination to determine the current severity of his right shoulder DJD, including whether any existing guarding constitutes a separate manifestation from limitation of motion. For the right hip claim, an examination is needed to test active and passive motion with weight-bearing and without weight-bearing.

The Veteran's claim for an earlier effective date than March 1, 2016 for CRDP payments is denied because he did not have a combined disability rating of at least 50 percent until after February 25, 2016.

The Board has decided to remand the Veteran's claim for Special Monthly Compensation based on Aid and Attendance due to additional development being necessary.

The Board denied service connection for lumbar and cervical spine disorders, as well as tension headaches and shoulder disorders secondary to a cervical spine disorder. The evidence did not show any in-service injury or illness that caused these conditions.,There is no indication of arthritis or other chronic diseases within one year post-service, making the presumption of service connection unavailable.

The Veteran's initial seizure disorder is being remanded for further examination and opinion regarding its etiology.,The TDIU claim is also being remanded as it is related to the underlying service connection issue.

The Veteran's conditions, while rated at 70% each, do not meet the criteria for SMP benefits due to need for regular aid and attendance or housebound status.

The Veteran's appeal is being remanded for additional development related to his right shoulder disability, hypertension, and low back disability. The issues of service connection for sleep apnea and an effective date prior to April 14, 2014 for the grant of service connection for pseudofolliculitis barbae are also being addressed.

The Board denied the Veteran's claims for service connection for left great toe disability and right shoulder degenerative joint disease due to a lack of evidence showing an in-service injury or event, continuity of symptoms, or a nexus between current disabilities and active service.

The Board has found that the Veteran's claims for service connection and increased ratings are inextricably intertwined with his TDIU claim. Therefore, these matters are being remanded to allow for further development.

The Board has determined that an earlier effective date for the grant of a 10% disability rating for service-connected left shoulder degenerative arthritis is denied. The Veteran's claim for increased ratings for his hearing loss and left shoulder disabilities is remanded due to insufficient evidence.

The Board has denied service connection for multiple conditions, including left shoulder disability, right knee and left knee disabilities, right ear hearing loss, bronchitis, irregular heart beat and dyspnea, frostbite of the left hand, diarrhea, and residuals of tick bites. The appeals are all denied.

The Board has remanded the Veteran's claims for increased ratings for her service-connected left shoulder, cervical, and lumbosacral strain due to outstanding VA treatment records and additional examinations.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected conditions. The Veteran needs a VA examination to determine if his sleep apnea is related to his major depressive disorder, medications for it, or his shoulder injury.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected left shoulder disability, finding that it does not preclude him from securing and following a substantially gainful occupation.

The Veteran's right shoulder and left knee disabilities, as well as his sleep apnea and tinnitus, have been granted service connection.,Service connection for the right shoulder disability is based on a current diagnosis related to in-service injury. Service connection for the left knee disability is secondary to the service-connected right knee disability.

The Veteran's migraine headaches were rated as noncompensable prior to July 24, 2014. From that date onwards, a rating of 50 percent was granted.,PTSD was initially rated at 70 percent from the effective date of October 23, 2013.,Right shoulder degenerative joint disease received an initial 20 percent rating based on painful motion.,Sleep apnea and tinnitus were both denied for increased ratings as they are already at their maximum schedular ratings.,Loss of cervical lordosis was granted service connection effective October 23, 2013.,TDIU is pending due to the Veteran's multiple service-connected disabilities.,The appeal for TBI and recurrent lumbar strain remains unresolved (remanded).,No specific exposure basis or presumption was mentioned in this decision.

The Board has remanded the cases due to missing service treatment records and military personnel records from 1994 to 1998, which were requested under the Veteran's former name (James Lee Brown).