Shoulder decisions — 2019

The Veteran's service-connected disabilities result in a total combined evaluation of 100 percent, qualifying him for SMC under 38 U.S.C. § 1114(s). However, the evidence does not support an increase to the higher rate due to need for regular aid and attendance.

The Board has remanded the Veteran's claims of entitlement to service connection for left and right shoulder disabilities due to inadequate VA medical examination, failure to provide adequate statement of reasons and bases, and failure to address whether the Veteran is competent to testify as to continued symptoms since service or whether his testimony is credible.

The Board has remanded several claims for service connection, including those for bilateral shoulder disability and left knee disability. The heart disability claim is also being remanded.

The Board has dismissed the appeals for service connection for hypertension, diabetes mellitus, a left shoulder condition, and arthritis. The remaining issues of service connection have been remanded.

The Veteran's major depressive disorder is rated at 50 percent, and he has been granted a total rating based on individual unemployability since January 1, 2014.

The Veteran's tinnitus claim is granted. The claims for left shoulder, hip, and leg disabilities, as well as sleep apnea and migraines are remanded due to insufficient medical opinions.

The Veteran's claims for service connection for bilateral shoulder and hand disabilities have been remanded due to the need for additional medical examinations.

The Veteran's claims for a rating in excess of 10 percent for chronic sinusitis and allergic rhinitis have been denied.,The Veteran's applications to reopen the previously denied claims for diarrhea, abdominal pain, cramps, vision disability, hemorrhoids, thyroid disability, laryngitis, tachycardia, migraine, respiratory disorder (bronchial asthma), and a fatty liver and liver cysts have all been denied due to lack of new and material evidence.,The Veteran's applications to reopen the previously denied claims for gastritis, reflux, duodenitis and/or diverticulitis, hiatal hernia, cervical disability, bilateral hand disability, bilateral leg disability, back disability (claimed as radiation of pain to the back and right side of body), left shoulder disability, vesicular disorder of the bilateral leg, gallbladder disability have all been granted due to new and material evidence.

The Board has denied the Veteran's claims for service connection for various disabilities, including bilateral shoulder, knee, ankle, pes planus, eye, stomach, anxiety, and PTSD. The appeals are denied as there is no evidence of current or in-service disabilities.

The Board has reopened the Veteran's claims for service connection for a left shoulder disability and a lower back disability, but remanded these issues due to insufficient evidence of a nexus between his current disabilities and his active service.

The Veteran's right shoulder disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Veteran's shin splints have been granted an initial 10 percent rating. The right shoulder, bilateral carpal tunnel syndrome, and sleep apnea claims are remanded for further examination and opinion. The PTSD claim is also remanded with a request to issue a statement of the case on the issues of ratings in excess of 50 percent prior to January 21, 2015 and in excess of 70 percent from January 21, 2015 to August 21, 2018.

The Board has remanded the Veteran's claims for service connection for right shoulder, left knee, and right knee disorders due to incomplete records and need for further examination.

The Veteran's appeals for a higher rating for his right shoulder disability and an earlier effective date for the award of a 30 percent rating for painful scars on his shoulders were denied. The appeal for TDIU is being remanded.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current psychiatric or sleep disorder, and the left shoulder and cervical spine disabilities do not meet the criteria for a higher rating.

The Veteran's hearing loss is currently rated as noncompensable, and a higher rating is not warranted.,The Veteran's left ankle scar does not meet the criteria for a compensable rating based on its size or pain.

The Board has granted service connection for the Veteran's low back, right shoulder, right wrist, and right knee disabilities. Service connection was also granted for a testicle disability. The issue of service connection for anxiety remains pending.

The Veteran's service-connected conditions have rendered him unemployable prior to October 1, 2016. The case is remanded for further examination and consideration of the left shoulder disability claim.

The Board has remanded the Veteran's claims of service connection for a right shoulder disability and a cervical spine disability due to insufficient examination findings. The examiner is requested to address the Veteran's credible lay statements regarding in-service injuries.

The Board has remanded the cases for additional development, including obtaining VA examinations to assess the nature and etiology of any bilateral shoulder and/or cervical spine disabilities. The Veteran is seeking service connection for his bilateral shoulder disability and cervical spine disability as secondary to his service-connected traumatic brain injury.