Shoulder decisions — 2019

The Veteran's appeal is remanded due to the need to first adjudicate his claim of whether there was clear and unmistakable error in a previous rating decision denying service connection for a left shoulder disorder. Once that issue is resolved, he will be given an opportunity to submit new evidence to reopen his claim for residuals of a left shoulder injury.

The Board has granted the Veteran's application to reopen his claim for service connection for a back disability. The claims for service connection for left shoulder and bilateral flat foot disabilities are remanded due to insufficient evidence.

The Veteran's claims for increased ratings for right shoulder, lumbar spine, and right knee degenerative arthritis have been denied as the evidence does not show that his conditions meet or approximate the criteria for a higher disability rating under the applicable rating schedule.

The Veteran's claim for service connection for vertigo with dizziness has been dismissed. The Veteran's PTSD is now rated at 70 percent effective April 29, 2018.,The Veteran's right shoulder condition, back condition, left knee condition, and right knee condition are all pending and need further evaluation by a VA medical professional.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities since July 31, 2014. The combined rating for the service-connected conditions (Persistent Depressive Disorder and Status post gunshot wound in the right shoulder) meets the threshold requirements under VA regulations.

The Veteran's service connection claims for bilateral flat feet, unspecified anxiety disorder with posttraumatic stress disorder (psychiatric disability), migraine headaches, and kidney disability have been granted. The claim for acne was denied. Effective November 17, 2015, the Veteran is now receiving a 70 percent rating for his psychiatric disability.

The Veteran's major depressive disorder is granted as secondary to his service-connected conditions. His right ankle disability has been increased to a 20% rating, and the initial compensable rating for his right ankle scars is denied.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the evidence is at least in equipoise as to whether he is entitled to a TDIU.

The Board has remanded the case due to the need for a VA medical opinion regarding whether service-connected disabilities contributed to the Veteran's death and if his ventricular tachycardia had its onset in service or was otherwise related to a disease or injury in service, including ionizing radiation exposure.

The Board has denied the Veteran's claims for service connection for right shoulder disorder, left shoulder disorder, right elbow disorder, vertigo, and hypertension. The decision is based on a finding that there was no evidence of these conditions during active service or within one year after separation from service.

The Board has remanded the Veteran's claims of service connection for bilateral shoulder and knee disabilities due to inadequate medical opinions. The claims are being returned for further development.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's service connection claims for various conditions, including arthritis of the elbows and wrists, poor vision, anal fistula, diabetes mellitus, and TDIU. The Veteran will need to undergo a VA examination to assess the current severity of his service-connected bilateral elbow and wrist conditions.

The Veteran's migraines and vertigo are granted as service-connected.,Effective dates for the grants of service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and lumbar strain with degenerative joint disease are denied.,Service connection is granted for a left shoulder disorder, right shoulder disorder, left knee disorder, and right knee disorder. Effective dates for these conditions are not granted as the Veteran did not file claims prior to July 7, 2014.,The Veteran's hypertension, anxiety, and depression are remanded for further development.

The Veteran requested to withdraw all his appeals regarding service connection for various conditions. As a result, the Board dismissed the appeal.

The Veteran's appeals for service connection on substitution purposes were remanded for additional development due to the complexity and nature of the issues.

The Board denied service connection for a left shoulder condition, left knee condition, and right knee condition. The Veteran's claims were not supported by the evidence of record.,There is no credible evidence linking the current diagnosed conditions to service.

The Veteran's combined disability rating is currently at 100%, but he has not been granted a permanent and total disability rating for any of his service-connected conditions. The Board denies the claim as there is no legal basis to grant Dependents' Educational Assistance (DEA) benefits.

The Veteran's PTSD is rated at 70 percent for the entire initial rating period from October 7, 2009. The VA has ordered a remand to assess the severity of her left and right shoulder disabilities and to consider her TDIU claim.

The Veteran's appeal for an increased rating of his right shoulder sprain was denied as the range of motion in his arm is not limited to midway between his side and shoulder level, which would warrant a higher disability rating.

The Board has remanded the Veteran's claims for service connection for various hip and shoulder conditions, as well as a gynecological disability. The appeals are being returned to the RO for additional development.