Shoulder decisions — 2020

The Board has decided to remand the Veteran's claim for a left shoulder injury due to the need for an additional examination and etiological opinion.

The Veteran's bilateral hearing loss and tinnitus have not been found to meet the criteria for service connection as defined by VA regulations.,Service connection has been granted for tinnitus, but only if it is determined that the condition began during active duty or is related to such service.

The Board has granted service connection for right middle finger arthritis and dismissed the claim of service connection for right shoulder disability.

The Veteran withdrew his appeals regarding increased ratings for hemorrhoids and arthritis of the right shoulder, as well as service connection for obstructive sleep apnea.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for tinnitus is denied as the VA examiner found it less likely than not related to service.,The Veteran's claim for GERD is denied as the VA examiner found it less likely than not related to service.,The Veteran's claim for right shoulder disability is denied as the VA examiner found it less likely than not related to service.,The Veteran's claim for erectile dysfunction is denied as there is no evidence of a current disability related to service.

The Veteran's appeal for a higher rating for his lumbar spine condition and TDIU status has been denied. The Board found that the evidence did not support a higher rating for the lumbar spine disability, as it did not meet the criteria for an increased rating. For TDIU, the Board noted that the combined effect of multiple service-connected disabilities prevented the Veteran from securing and maintaining substantially gainful employment.

The Board has remanded the claims for further examination and evaluation due to incomplete testing in previous examinations.

The Veteran's service-connected other specified trauma and stressor-related disorder is now rated at 70% from July 19, 2017. The rating for the left foot metatarsalgia was also granted.

The Board has remanded the cases for further development and consideration, including obtaining adequate etiological opinions regarding the bilateral shoulder disabilities and determining whether any of the ships on which the Veteran served were within the 12 nautical mile territorial sea of Vietnam while the Veteran was aboard. The appeal will be readjudicated after these actions.

The Board dismissed the Veteran's appeals for service connection and increased ratings on several conditions, including a foot disorder, lumbar disc disease, right ankle condition, right shoulder acromioclavicular separation with impingement syndrome, left lower shin disability, and headaches. The appeal was withdrawn by the Veteran.

The Board found that the Veteran's left shoulder disability had improved and granted a reduction from 40 percent to 20 percent effective July 1, 2015.

The Veteran's left shoulder disability, characterized by severe degenerative arthritis with collapse of the articular surface and a large exostosis post-surgery, has been rated at 70 percent since July 18, 2016.

The Veteran's migraine disability and sleep apnea are found to be proximately due to his service-connected sinusitis.,Service connection is granted for a migraine disability, sleep apnea, right shoulder disability, insomnia, rib dislocation disability, postherpetic neuralgia, left shoulder disability, left hand arthritis, right hand arthritis, left hip disability, and right hip disability.

The Veteran's claim for a scar on the right cheek was reopened and granted. The Board found that the Veteran incurred a scar on his right cheek during service, resolving reasonable doubt in favor of the Veteran. Service connection is also granted for left arm pain and weakness, but denied for a left shoulder disability.

The Veteran's service-connected disabilities produced total occupational impairment from October 6, 2017. The Board granted an effective date of October 6, 2017 for the assignment of TDIU.

The Board has determined that the evidence is in equipoise as to whether the appellant's right upper extremity disability, diagnosed as right shoulder bicipital tendon tear and degenerative arthritis, is causally related to his service-connected left shoulder disability. As such, the claim for secondary service connection for a right shoulder disability is granted.

The Veteran's TDIU claim was granted effective May 9, 2019, due to his service-connected right knee disability and sleep apnea. The combined rating at the time of the grant of TDIU was 80 percent.

The Veteran's appeal for a higher rating of her right shoulder disorder was denied, and the claim for TDIU was also denied due to the Veteran not submitting necessary information.

The Board has remanded the claim for a new VA examination to determine the current severity of the Veteran's right shoulder disability due to inadequate previous examinations.

The Board has withdrawn the issues of service connection for right shoulder, right and left eye, right and left hip, and bilateral hearing loss disabilities. The Veteran's tinnitus is granted as service connected. Service connection for prostate disability and left shoulder disability are remanded.