Shoulder decisions — 2020

The Board has remanded the case for further development due to insufficient information regarding the Veteran's headaches and their impact on his ability to work.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 1, 2011. The Board found that entitlement to TDIU is warranted for this period but remanded the issue of prior to July 1, 2011.

The Board denied service connection for left shoulder and right knee disabilities, finding insufficient evidence to establish that these conditions were incurred during active duty service.

The Veteran's right shoulder disorder is not service-connected as it was a congenital defect that did not worsen during service. Service connection for bilateral pes planus and bilateral shin splints are granted due to their relationship with the service-connected bilateral pes planus.,Service connection for bilateral shin splints is remanded because of conflicting opinions regarding its secondary nature to the service-connected bilateral pes planus.

The Veteran's claims for increased ratings and propriety of discontinuance are being remanded due to inadequate VA examinations and incomplete private treatment records.

The Veteran's claims for service connection and a compensable rating for hemorrhoids are remanded due to the need for additional development, including verification of periods of active duty, examination by an appropriately qualified examiner regarding the left ankle disability, and obtaining private treatment records from Brandon Tricare Clinic.

The Veteran's left shoulder disability was rated at 40 percent from October 25, 2008 to November 23, 2008 and from February 1, 2009 forward.,A separate 30 percent rating for left upper extremity radiculopathy is granted from October 25, 2008 to December 11, 2008.

The Veteran's petition to reopen his claim of service connection for bilateral hearing loss has been granted. The Board finds that new and material evidence has been received sufficient to support the reopening of this claim.,An earlier effective date for a 100 percent rating for PTSD prior to September 15, 2017 is denied as there was no pending unadjudicated claim for an increased rating for PTSD prior to that date.

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and need for updated examinations.

The Veteran's OSA with asthma is rated at 50 percent, effective June 1, 2011. The Board denied a higher rating as the evidence did not show chronic respiratory failure or tracheostomy.,Gout was granted an initial 20 percent rating, effective June 1, 2011. The Veteran had at least four gout flares per year and his medication controlled his symptoms.,Migraines were denied a compensable rating as the evidence did not show prostrating attacks averaging one in two months over the last several months.,Right shoulder disability was granted a 30 percent rating effective March 26, 2019. The Veteran had limitation of motion at shoulder level and midway between side and shoulder level.,Bilateral upper extremity neurological disability was granted a 10 percent rating prior to March 26, 2019, but denied any higher rating thereafter.,Left upper extremity neurological disability was denied any higher rating.

The Veteran has withdrawn his appeals for a right knee disability prior to April 27, 2015 and an initial rating in excess of 20 percent for a right shoulder disability. The Board dismissed these issues.

The Veteran's DIC claim under 38 U.S.C. § 1318 is denied because he was not rated totally disabled for any period of time prior to his death. The Board has also remanded the service connection issue due to incomplete records and a need for medical opinion regarding the cause of death.

The Veteran's service connection claims for polysubstance abuse and right ear hearing loss have been dismissed or denied, respectively. The Board has remanded the issues of service connection for psychiatric disability (including major depression with psychotic features and PTSD), low back disability, and bilateral shoulder disability.

The Board denied the Veteran's claim for a TDIU rating, finding that her service-connected disabilities did not prevent her from obtaining or maintaining substantially gainful employment prior to March 2015.

The Board has remanded the claims of entitlement to higher initial ratings for right and left shoulder dislocations due to inadequate VA examinations. The Veteran is seeking increased disability ratings.

The Board denied the Veteran's claims for service connection for right shoulder condition involving rotator cuff musculature, eye disorder to include residuals of a fuel accident, allergies, and gastrointestinal disorder, to include cancer with stomach, bowel, and pancreatic involvement. The evidence did not establish current disabilities or link them to service.

The Veteran's appeal is being remanded for additional examinations and evaluations to determine the nature and etiology of his service-connected conditions, as well as for updated medical records.,The Veteran has multiple issues related to his service-connected conditions that require further examination and evaluation.

The Veteran's claim for service connection for teeth injuries has been reopened due to the submission of new and material evidence. The claims for service connection for right knee, left knee, right wrist, left wrist, left shoulder, and right shoulder disorders are remanded for further development.

The Board has granted service connection for a right shoulder condition, but remanded the issues of bilateral hearing loss and tinnitus due to outstanding STRs and incomplete audiometric evaluations. Service connection was also granted for a left shoulder condition.

The Veteran's hypertension is denied as there is no current diagnosis related to service.,Right wrist joint pain is denied due to lack of in-service diagnosis and no evidence of continuity of symptoms post-service.,Left ankle sprain is denied as the condition did not have its onset during active service and is not otherwise related to active service.,Left shoulder condition is denied for similar reasons as right wrist joint pain.,Right shoulder condition is denied due to lack of in-service diagnosis and no evidence of continuity of symptoms post-service.,Left knee chondromalacia of patella is denied because the Veteran's current condition did not have its onset during active service and is not otherwise related to active service.,Right knee chondromalacia of patella is denied for similar reasons as left knee chondromalacia.