Shoulder decisions — 2020

The Veteran's initial 20 percent rating for left shoulder injury from July 1, 2007 to September 26, 2014 is granted. A rating in excess of 20 percent after September 26, 2014 is denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability as a result of May 2011 VA surgical treatment for cancer of the mouth and jaw is denied because it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the Veteran's current left shoulder condition is proximately due to his service-connected fibromyalgia, and thus grants secondary service connection for this disability.

The Veteran's status post right shoulder acromioplasty is granted a 30 percent rating. The Veteran's right accessory nerve palsy prior to January 2, 2017 is denied any increase in rating beyond the current 20 percent. From January 2, 2017 forward, his right accessory nerve palsy is granted a 40 percent rating. His right shoulder surgery scar remains at noncompensable.

The Board has dismissed the Veteran's claims for earlier effective dates as freestanding claims, which are not permissible under VA regulations.

The Board has determined that the Veteran's claims for service connection have been remanded due to a failure to provide adequate pre-decisional duty to assist. The issues include gastroesophageal reflux disease, thoracolumbar spine disability, left shoulder disability, left wrist disability (carpal tunnel syndrome), left knee disability, right knee disability, and right elbow disability.

The Board has granted service connection for a left ankle disorder, but the issues of service connection for neck and shoulder disorders are remanded due to duty-to-assist errors.

The Board has remanded the claims of service connection for right and left shoulder disabilities, a back disability, and a bilateral eye disability to include glaucoma due to incomplete development. The appeal is also remanded for consideration of the claim for TDIU.

The Veteran's right shoulder disability is currently rated at 30 percent, and his lumbar spine disability is rated at 40 percent. Both ratings are denied.

The Board has granted service connection for Posttraumatic Stress Disorder (PTSD) and remanded the issue of service connection for Right Shoulder Condition.

The Board has remanded the case due to insufficient examination reports regarding the Veteran's service-connected disabilities and their impact on his daily functioning. The Veteran needs an addendum opinion from a physician to determine if he is substantially confined or requires regular aid and attendance.

The Board denied service connection for bilateral shoulder disabilities, internal bleeding, and radiculopathy of the right side. The cervical spine disability was not granted due to lack of evidence.

The Board has remanded the Veteran's claims of service connection for various disabilities, including a bilateral eye disorder, psychiatric disorder (PTSD), and multiple joint disorders. The AOJ is instructed to schedule VA examinations, obtain additional records, clarify the nature of the Veteran's claims, and attempt to corroborate in-service stressors.

The Veteran's left wrist fracture with status post-operative residuals and degenerative arthritis is currently rated at 20 percent, while his left wrist paresis associated with the same condition is rated at 20 percent. The Veteran's left shoulder labral tear, including superior labral anterior-posterior lesion and arthritis, is rated at 30 percent. All three conditions are denied for higher ratings.

The Board has remanded four issues related to the Veteran's claims: initial compensable rating for hypertension, service connection for a respiratory disorder (claimed as asthma), service connection for residuals of a right shoulder acromioclavicular separation, and service connection for a right knee disorder. The AOJ is instructed to obtain additional treatment records and provide an addendum opinion regarding the Veteran's right shoulder disability.

The Veteran's neck and right shoulder disabilities are currently rated at 20 percent prior to February 26, 2020 and 30 percent thereafter. The Board denied increased ratings for these conditions as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's right shoulder disability is rated at 20 percent from March 14, 2013 to October 30, 2019 and at 30 percent thereafter. The Veteran's claim for service connection for a dental disability for VA compensation purposes was denied.

The Board has granted the Veteran's claim of entitlement to service connection for tinnitus. The remaining issues (back disability, left knee and right shoulder disabilities, bilateral foot disorder, and headaches) are remanded due to insufficient evidence or need for further development.

The Board has reopened the Veteran's claims for service connection for a right shoulder disability and head injury residuals due to new evidence received since the September 2011 rating decision. The claims are now remanded for further development.

The Board has remanded the case due to insufficient examination findings regarding the severity of the Veteran's right shoulder disability, and new VA treatment records are needed. A new VA examination is required to assess the current range of motion and functional loss.