Shoulder decisions — 2019

The Board has reopened the Veteran's claim for PTSD and granted service connection, but denied claims for cervical spine, thoracolumbar spine, left shoulder, and right shoulder disabilities.

The Veteran's claims for an increased rating for cervical spine disability and service connection for a right shoulder condition are being remanded due to the need for additional development, including new VA examinations.

The Veteran's claims for service connection were submitted in December 2015, but the AOJ must attempt to locate and transfer any earlier VA treatment records from July 2013 to June 2014. The case is remanded due to incomplete evidence.

The Veteran's left shoulder required immobilization for convalescence from October 28, 2015 to December 31, 2015 due to surgery. The Board granted a temporary total rating based on this.

The Board has denied service connection for bilateral plantar fasciitis and muscle and joint pain of the back and shoulders, to include as secondary to Gulf War service. The case is remanded for further development regarding service connection for stimulant use disorder and alcohol use disorder, to include as secondary to PTSD.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's right shoulder disabilities, including his current degenerative joint disease status post hemiarthroplasty. The Veteran is requested to provide additional medical records and information about any VA or non-VA care he received since 2007.

The Board denied the Veteran's claims for service connection for a right shoulder disorder and entitlement to total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The Board found that there was no evidence linking the right shoulder disorder to active service, including lifting heavy crates in Djibouti. The TDIU claim was abandoned as the Veteran did not complete a VA Form 21-8940 and had been employed since 2009.

The Veteran's claim for an initial rating in excess of 20 percent for a right shoulder disorder is being remanded due to the need for additional development, including scheduling a VA examination and updating the record with any recent treatment records.

The Veteran's claims for increased PTSD rating, TBI residuals, right shoulder, bilateral knee, and low back disabilities are remanded due to the need for additional medical examinations and consideration of new evidence.

The Veteran is granted a TDIU for the periods from October 1, 2016 to April 11, 2017, and from June 1, 2018. The Board finds that the evidence is in equipoise on whether the Veteran has been unable to maintain substantially gainful employment solely due to service-connected disabilities for these periods.

The appeal to reopen a claim of service connection for right shoulder impingement syndrome is granted. The appeal seeking service connection for ischemic heart disease (IHD) is dismissed. Entitlement to a total disability rating due to individual unemployability (TDIU) is granted.

The Board has decided to remand several service connection and increased rating claims due to the need for additional VA treatment records and a VA examination.

The Veteran has withdrawn his appeals for service connection and disability ratings in excess of 30 percent, 70 percent, or more for various conditions. The appeals are dismissed.

The Board has remanded the Veteran's claims for increased ratings for his right and left shoulder disabilities due to insufficient recent clinical records and a need for reassessment of their severity.

The Board has remanded the Veteran's claims due to insufficient medical records from his period of active duty for training (ACDUTRA) and the need to obtain additional private treatment records.

The Veteran's claims for service connection have been granted for headaches, rhinitis/sinusitis, low back disorder, bilateral knee disorder, bilateral shoulder disorder, right elbow disorder, and chest pain. Service connection has also been denied for hyperlipidemia.

The Veteran's service connection for an acquired psychiatric disability, including major depressive disorder, was granted. A separate rating of 20 percent for right knee locking symptoms is also granted. The claims regarding left knee and shoulder disorders are remanded due to the need to consider whether new and material evidence has been received.

The Veteran's right shoulder disability, characterized by painful motion and limited range of motion, was granted a rating of 30 percent effective August 28, 2018. The claim for an initial rating in excess of 20 percent prior to that date was denied. A TDIU was also denied.

The Board has remanded the Veteran's claims for initial evaluations in excess of 20 percent for his left shoulder disorder, back disorder, right and left lower extremity radiculopathy, and sleep apnea due to incomplete development and need for additional medical evidence.

The Veteran's claims for increased ratings for cervical spine arthritis, right shoulder degenerative joint disease, left knee disability, and left elbow carpal tunnel syndrome with ulnar nerve involvement have been denied. The VA has determined that the current ratings adequately reflect the severity of these conditions.