Shoulder decisions — 2019

The Veteran's claims for bilateral hearing loss, back disability, right shoulder disability, and bilateral Achilles tendonitis have been denied as there is no competent medical evidence of a current disability.,The Veteran's claim for a right rib disability has also been denied due to lack of in-service injury or disease.

The Veteran's claims for service connection for various conditions, including left knee DJD, left shoulder DJD and bursitis, right leg fracture residuals, left inguinal hernia, hiatal hernia, and esophagitis (ear), have been denied. The Board found no evidence of a chronic condition in service or at any time since service that is related to the Veteran's military service.

The Board has remanded the claims for bilateral hearing loss, neck disability, right shoulder disability, back disability, and acquired psychiatric disorder due to new evidence submitted since previous decisions.

The Board granted earlier effective dates of September 18, 2013 for service connection for tinnitus, patellofemoral pain syndrome, left knee, patellofemoral pain syndrome, right knee, acromioclavicular joint separation, left shoulder, and acromioclavicular joint separation, right shoulder.

The Board has granted service connection for a right shoulder disorder, also claimed as neck disorder with limitation of motion of arm. The claims for anxiety and depression have been dismissed.

The Board has remanded several issues related to the Veteran's service connection claims, including right shoulder injury, low back injury/surgery, eye disabilities, sleep apnea, erectile dysfunction, prostate cancer, lumps on back of right shoulder, residuals of sores on back of head, chloracne, anxiety, posttraumatic stress disorder (PTSD), insomnia, and depression. The remand includes obtaining VA treatment records from the San Antonio VAMC, National Guard or Reserve service records, and clarifying private audiological evaluation results.

The Board has remanded the Veteran's claims for right shoulder, cervical spine, lumbar spine, and bilateral hearing loss disabilities due to potential service connection issues. The Veteran will need to undergo VA examinations to determine if his current conditions are related to service or preexisting conditions.

The Veteran's claims for service connection have been reopened, and his cervical stenosis with myelopathy is granted. His gastritis secondary to service-connected cervical stenosis is also granted. The skin disability evaluation has been reduced from 50% to 10%. TDIU for the period January 1, 2003, through December 6, 2006, is denied.

The Veteran's claims for a higher rating for his left shoulder disability and service connection for a cervical spine disability are being remanded due to the need for additional examinations and medical opinions.

The Board denied the Veteran's claim for service connection of a right shoulder disability, finding that there is no evidence of a chronic, clinically diagnosed right shoulder disability.

The Board found the earliest possible effective date for a 30% disability rating for the right shoulder disability was November 12, 1997. However, the moving party argues that if legal and factual errors were not made, an earlier effective date of October 23, 1987 would have been granted based on continuous pursuit of the claim.

The Veteran's hypertension, sleep disorder, left shoulder disability, left knee disability, right knee disability, and right ankle disability have not been found to be related to his active duty service.,Service connection for these conditions has therefore been denied.

The Veteran's service-connected right shoulder and back disabilities have been denied as there is no current evidence of these conditions.,Service connection for bronchitis has also been denied, with the presumption being that it began in or around 1966 to 1968.

The Veteran's claim for a rating in excess of 20 percent for his right shoulder disability is denied. The Board has also remanded the issues regarding entitlement to service connection for right and left knee disabilities.

The Board has determined that additional medical records are needed to properly adjudicate the Veteran's claims, including VA treatment records from prior to February 2013 and April 2018, as well as any SSA disability records and Walter Reed Army Medical Center records related to his heart failure. The Veteran will also be afforded a VA examination for his hypertension claim.

The Board has remanded several issues related to the Veteran's service connection claims, including left hip condition, right hip condition, left shoulder condition, left ankle condition, bilateral hip conditions, left knee condition, and right knee condition. The Veteran's acquired psychiatric disorder (major depressive disorder), duodenal ulcer with esophagitis, and bronchial asthma are also remanded for further evaluation.

The Board has reopened the Veteran's claim for service connection of recurrent left shoulder dislocation due to new and material evidence. The Board also found that the condition is at least as likely as not related to active service, thus granting the claim.

The Veteran's service connection claims for residuals of a traumatic brain injury, left shoulder disability, and right shoulder disability are granted. The Board also found that the Veteran’s TBI is etiologically related to his active service.

The Veteran's GERD was granted service connection and an effective date of July 15, 2013 is assigned.,Service connection for the right shoulder disability, left ankle lateral collateral ligament sprain, cervical strain, and TBI (Traumatic Brain Injury) were all granted with effective dates of July 15, 2014.

The Board has remanded the claims of entitlement to service connection for right and left shoulder disabilities due to concerns with the prior decision, including a lack of consideration of relevant lay evidence and inadequate examination reports. The case is now before the undersigned for further review.