Shoulder decisions — 2020

The Veteran's right and left femur fractures have been rated based on the criteria for malunion with moderate hip disability.,Since April 9, 2019, the Veteran’s right femur fracture has been rated at 30 percent under DC 5255 (malunion with marked hip disability).,The Veteran's osteoarthritis of the right and left hips have not met the criteria for higher ratings.,The Veteran's right shoulder disorder has not met the criteria for a rating in excess of 20 percent prior to April 4, 2012, and since June 1, 2012.,The Veteran's left shoulder disorder has not met the criteria for a rating in excess of 20 percent prior to February 29, 2012, and since April 1, 2012.,The Veteran's thoracolumbar disorder has not met the criteria for a higher rating.,The Veteran's right knee disorder has not met the criteria for a rating in excess of 60 percent prior to August 1, 2013.,The Veteran's left knee disorder has not met the criteria for a rating in excess of 30 percent.,SMC based on need for aid and attendance has been granted.

The Board denied the Veteran's claim of service connection for a right shoulder disability, finding that there was no evidence of an in-service injury or disease and no continuity of symptomatology since service. The Board also found that the current right shoulder condition is not otherwise etiologically related to any incident during service.

The Board has remanded the claims for service connection due to insufficient evidence and missing records. The Veteran will be provided with VA examinations to determine if he has current disabilities, their etiology, and whether they are related to his military service.

The Board denied service connection for a back disorder, bilateral lower extremity neurological disorders (ranging from radiculopathy to adhesive capsulitis), right shoulder disorder, and left shoulder disorder. The evidence did not establish that these conditions were incurred in or aggravated by military service.,Service connection was denied as the preponderance of the evidence showed that the Veteran's current diagnoses were not related to his military service.

The Board has remanded the case for further development and consideration due to incomplete compliance with previous remand directives.

The Board has granted service connection for a left shoulder disorder, but the right hand disability claim is remanded due to insufficient evidence.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected right shoulder strain, left shoulder strain, cervical spine strain and thoracic spine strain. The decision is based on the opinion of a private provider and the testimony of the Veteran's wife.

The Board has remanded the Veteran's claims for service connection and increased rating of his right knee disorder due to inadequate medical examination reports, failure to discuss relevant evidence, and lack of discussion regarding knee instability.

The Board has remanded the Veteran's claims for service connection for left shoulder and left knee conditions due to outstanding VA treatment records.

The Veteran's right shoulder disability is rated at 30 percent from June 1, 2019 to November 9, 2019 and at 20 percent thereafter. The claim for TDIU was denied as the Veteran does not meet the schedular requirements.

The Veteran's depressive disorder is granted service connection, but his higher ratings for various disabilities and effective date claims are remanded.

The Board has remanded the cases for further development and examination. The Veteran's claims for service connection are not granted.

The Board has denied increased ratings for diabetes mellitus and residuals of shell fragment wound (SFW) of the left shoulder with retained foreign bodies, but has remanded the case to obtain additional medical examination regarding degenerative joint disease of the left shoulder.

The Board denied service connection for back/thoracic spine, neck/cervical spine, and left shoulder disabilities due to a lack of evidence linking these conditions to the Veteran's military service.,There are no clinical records or personnel records indicating any complaints or diagnoses related to these disabilities prior to many years after the Veteran's separation from service.

The Veteran's claims for service connection have been granted. The right knee and left hip disorders, tinnitus, bilateral hearing loss, traumatic brain injury (TBI), right shoulder disorder, left shoulder disorder, major depressive disorder, and left rib calcium build-up are all considered new and material evidence has been presented.,A 30 percent rating for the Veteran's left ankle calcaneus fracture is granted effective January 4, 2012. An initial 70 percent rating for his acquired psychiatric disorder (PTSD and bipolar I disorder) is granted from April 29, 2013.

The Board has remanded the claims for service connection for various conditions, including degenerative disc disease of the cervical spine, left ankle fracture residuals, heart murmur, hypertension, osteoarthritis neck and shoulder, proteinuria (claimed as a kidney disease), right foot condition, actinic keratosis, and disability claimed as actinic keratosis. The claims are remanded due to unclear duty status during service.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted a TDIU based on these conditions.

The Board has determined that the Veteran's neck disorder, back disorder, right shoulder disorder, right knee disorder, and hypertension are related to his active duty service.

The Board has remanded the issues of service connection for bilateral flatfeet, right shoulder condition, retina atrophy, and retina scar due to insufficient evidence or lack of a clear indication that these conditions are related to service.

The Board has reopened the Veteran's claims for service connection for back strain and left shoulder disability due to new evidence received since the 1979 rating decision. The claims are remanded for further development, including obtaining VA treatment records and providing medical opinions regarding the onset of these conditions during active service.