Shoulder decisions — 2020

The Board has denied the Veteran's claims for service connection for right shoulder and right wrist disorders, as well as her claim for migraine headaches due to or aggravated by PTSD. The CFS claim is also remanded.,Service connection was not granted for any of the conditions due to lack of evidence linking them to service or a service-connected disability.

The Veteran's headaches alone rendered him unemployable from March 9, 1994 to September 20, 2012. As he also had additional service-connected disabilities that when combined were independently ratable at 60 percent or more, the criteria for entitlement to special monthly compensation (SMC) under 38 U.S.C. § 1114(s) were met from March 9, 1994 to September 20, 2012.

The Veteran's right shoulder disability is rated at 20 percent prior to April 2012 and from August 1, 2012. The scars are rated as noncompensable.

The Veteran's appeal for a disability rating of 60 percent for left knee status post total knee replacement is granted effective January 5, 2016.,The appeals on service connection for cervical spine condition and increased rating for nerve damage, lateral surface of the distal left lower leg, saphenous nerve are dismissed.

The Veteran's claims for separate ratings for his nerve injury and muscle injury as residuals of a left arm injury are denied. His claim for a higher rating for the left shoulder injury is also denied.

The Board has remanded the Veteran's claims for COPD, multiple joint disabilities, and other service connection issues due to inadequate etiology opinions provided by VA examiners. The claims are being returned for further development.

The Veteran's initial ratings for major depressive disorder and right shoulder disability were denied as the evidence did not support higher ratings based on the severity of their respective conditions.

The Board denied the Veteran's petition to reopen his claim for service connection for a left shoulder disability, finding that no new and material evidence had been submitted.

The Board has remanded several issues for further development, including service connection claims and examinations. The Veteran's case is not ready for final decision.

The Board has remanded the claims for further development due to incomplete record development and failure to substantially comply with prior remand directives.

The Board has denied the Veteran's claims for service connection for right shoulder strain, cervical spine degenerative disease, and headaches. The VA examiners concluded that these conditions are not related to her military service.,There is no evidence of a link between the Veteran’s current conditions and her active duty service.

The Veteran's right shoulder disability is rated at 40 percent effective October 18, 2019. Prior to this date, the rating was denied for a higher rating.

The Veteran's service-connected left shoulder disability and diabetes mellitus have been evaluated at 20 percent for the entire period of appeal. The Board has determined that a higher evaluation is not warranted.

The Board denied service connection for osteoarthritis, shoulder, hip, knee, and hand disabilities as well as a sleep disorder. The evidence did not support the Veteran's claims that these conditions were related to his military service.

The Board has remanded the Veteran's claims for service connection for right shoulder, neck, and right knee disabilities due to insufficient evidence in his service treatment records. The VA examiner is instructed to consider the Veteran's statements regarding the onset and progression of his disorders and provide opinions on whether it is at least as likely as not that these conditions are related to his military service.

The Veteran's cause of death was identified as ALL, which the appellant contends is related to her Gulf War service. The Board finds that new and material evidence has been received to reopen the claim for DIC benefits due to the appellant's contention regarding exposure to environmental hazards during her Gulf War service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including VA examinations.

The Board denied the Veteran's claim for service connection of a bilateral shoulder disability, finding that there was no evidence linking his current condition to his active military service.

The Veteran's initial claim for higher ratings for his left shoulder disability and DDD of the lumbar spine was denied. The Veteran had a higher rating (20%) granted for his left shoulder disability since June 28, 2017, but no greater rating is warranted. His DDD of the lumbar spine remains at a 20% rating from May 11, 2012 to September 9, 2019 and higher than that since then.

The Veteran's migraines and sleep apnea are granted as secondary to service-connected PTSD. The claims for increased ratings of right shoulder impingement syndrome and left shoulder disorder are also granted.