Shoulder decisions — 2020

The Board dismissed all appeals regarding service connection and increased rating for various conditions as the appellant withdrew his appeal through his authorized representative.

The Board has remanded several claims including service connection, disability ratings, and effective dates due to new evidence received after the issuance of the SOC.

The Board has granted service connection for the neck condition, finding that it is at least as likely as not incurred in or caused by service. The right arm and shoulder condition are being remanded due to insufficient evidence regarding its relationship to the cervical spine.

The Veteran's claim for service connection for a urinary disorder is denied.,Service connection for PTSD, major depressive disorder, and anxiety has been expanded to include all psychiatric disabilities diagnosed. The claims of service connection for low back and cervical spine disabilities are remanded due to incomplete records and need for an examination.,Service connection for right hip DJD, left hip DJD, right knee DJD, left knee DJD, right ankle DJD, left ankle DJD, right foot DJD, and left foot DJD is remanded as secondary to a low back disability. Service connection for right shoulder DJD, left shoulder DJD, right hand disability, and left hand disability is also remanded as secondary to a cervical spine disability.,Service connection for bilateral hearing loss is remanded due to inadequate VA examination opinion. Service connection for skin disabilities is remanded due to incomplete records of private treatment.,The Veteran's claim for TDIU rating is inextricably intertwined with the other claims and must be deferred.

The Board denied service connection for hepatitis, right shoulder disability, right knee disability, and hypertension. Service connection was not granted for dermatitis.

The Board has withdrawn the Veteran's claims for right foot and chest pain disabilities. The left shoulder disability is granted with service connection established. The low back, right knee, and left knee disabilities are remanded for further examination.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied as there is no evidence of fault or negligence on the part of VA in her right shoulder rotator cuff tear.

The Veteran's left shoulder disability is denied as the evidence does not support a finding that it began during service or is related to an in-service injury.,A rating of 50 percent for migraine headaches is granted, based on severe economic inadaptability caused by migraines occurring once every month and lasting up to two days.,The Veteran's cervical spine disability is denied as the evidence does not support a finding that it meets the criteria for an increased rating beyond the current 30 percent.

The Veteran's right and left foot hallux valgus, as well as other service-connected conditions, have been rated at the maximum schedular rating of 30 percent since September 22, 2009. The Board has granted a higher rating for these conditions.,TDIU is granted effective September 22, 2009, based on the Veteran's service-connected orthopedic disabilities.

The Board denied service connection for cervical spine disability and bilateral shoulder disability due to willful misconduct in the July 1965 motor vehicle accident. The Veteran's injuries were not incurred or aggravated by military service.

The Board denied compensation under 38 U.S.C. § 1151 for severe neck pain, thoracic nerve damage, partial loss of use of right arm, and right shoulder pain due to a lack of evidence linking these conditions to the June 2014 total knee arthroplasty.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include bilateral shoulder conditions, low back condition, wrist conditions, psychiatric disorder, hearing loss, foot conditions, and knee conditions.

The Board has remanded the Veteran's claims for service connection and increased ratings due to inadequate rationale in previous VA examination reports.

The Veteran's left wrist carpal tunnel syndrome is granted a 20% rating, while the ratings for his right and left shoulder disabilities remain at 20%. The appeal was successful only in relation to the left wrist condition.

The Board has granted service connection for bilateral hearing loss and denied service connection for chronic obstructive pulmonary disease (COPD) and left shoulder disorder. Bilateral hearing loss is considered incurred in service due to continuity of symptoms, while COPD and left shoulder disorder are not considered incurred in service.

The Veteran's left shoulder disorder is not service-connected, but his right shoulder disorder is granted as secondary to his service-connected left knee disability.,The Board found that the Veteran's right shoulder disorder was caused by falls associated with his service-connected left knee disability.

The Veteran's appeal for an earlier effective date for the grant of service connection for right shoulder impingement syndrome with acromioclavicular joint osteoarthritis was denied. The Board found that the earliest possible effective date is August 30, 2017, which is when a reopened claim was received.

The Board has decided to remand the evaluation of right shoulder recurrent dislocation and left shoulder surgical scar due to potential inadequacies in previous examinations. The Veteran's claims will be addressed again after a new examination is conducted.

The Board dismissed the claim of service connection for a sarcoma of the right upper back, later characterized as a lipoma on the neck. The Veteran's claim was granted in November 2019 and became effective February 15, 2019.,The temporary total rating for convalescence following treatment for the lipoma on the back of the neck was denied because it occurred before service connection was established.