Shoulder decisions — 2020

The Veteran's application to reopen a claim of service connection for right shoulder pain is granted, and the appeal is allowed to this extent only. The issue of service connection for a right shoulder disorder is remanded.

The Veteran's PTSD is rated at 70 percent, the maximum schedular rating authorized under Diagnostic Code 9411.,Effective July 1, 2010, the Veteran’s actinic keratosis with status post basal and squamous cell carcinoma to include scarring on the left eyebrow/eyelid is rated at 30 percent.

The Veteran's claims for increased ratings and service connection have been remanded due to insufficient evidence. The Board found that the effective date of his temporary total evaluation was not earlier than September 21, 2015, and denied higher schedular ratings for his right shoulder and lumbar spine disabilities.

The Veteran's right hip was rated at the 100 percent level from June 1, 2014 to May 1, 2015 based on a 13-month convalescence period. After that, he received a 70 percent rating for marked severe residuals of weakness, pain, or limitation of motion.,The Veteran's service-connected hypertension was found to have contributed substantially to his cause of death (adult respiratory distress syndrome and pneumonia with cardiac arrest).

The Veteran's right shoulder disability, characterized by painful limitation of motion at the shoulder level, does not meet the criteria for a rating in excess of 20 percent from March 25, 2012 onward.

The Veteran's right ear hearing loss and tinnitus were granted service connection effective April 26, 2018. The Veteran is now receiving the maximum schedular rating for his tinnitus.,TDIU was granted from January 15, 2013.

The Board has remanded the Veteran's claims for service connection and increased rating for his right shoulder disabilities due to insufficient medical opinions and inadequate examinations. The claims are being returned for further development.

The Board has remanded the Veteran's claims of service connection for various disorders, including back disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, right ankle disorder, and left ankle disorder. The issues are being returned to the AOJ for review of additional evidence.

An effective date of November 13, 2013 is granted for the grant of service connection of right lower extremity radiculopathy.,The earlier effective dates for left shoulder and ankle scars are denied.,A 20 percent rating is granted for right lower extremity radiculopathy.

The Veteran's left shoulder disability, including a left posterior labral tear and repair, has not been found to warrant an evaluation in excess of the current 20 percent rating.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (claimed as insomnia), a bilateral shoulder disability, a lumbar spine disability, residuals of malaria, and a sinus disability. The decision also denied initial compensable ratings for bilateral hearing loss.

The Board dismissed the appeals for increased ratings of left and right shoulder degenerative joint diseases, abdominal scars, and right knee instability. The claims for service connection for left ear hearing loss were denied. The Veteran's right knee instability was granted a 10 percent rating from April 18, 2013, and a 20 percent rating from May 31, 2018. The claims for femoral nerve radiculopathies are remanded.

The Board has granted service connection for a right shoulder disability, finding that the Veteran's current condition is related to his active duty. However, it denied entitlement to a compensable rating for bilateral hearing loss.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to May 14, 2012. The evidence did not show that his service-connected disabilities alone prevented him from securing or maintaining substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to insufficient information and need for additional medical opinions. The issues of PTSD, bilateral hearing loss, tinnitus, right shoulder disability, lumbar spine disability, headaches, left foot disability, right foot disability, left ankle disability, right ankle disability, left knee disability, and right knee disability are all remanded.

The Veteran's appeal for service connection for bipolar disorder was dismissed. The claim for reopening of cervical spine disability was granted, but only to the extent that it is secondary to a service-connected condition.

The Board has reopened the claim for service connection for urinary retention and remanded several other claims due to new evidence. The back disability, gastritis/GERD, chest pain, dizziness and blackouts, headaches, right shoulder disability, and right elbow disability claims are all being remanded as there is insufficient evidence to determine if these conditions were incurred in or caused by service.

The Board has remanded the claims for service connection for right and left shoulder rotator cuff tears and impingement with acromioclavicular arthritis due to lack of an addendum opinion addressing the Veteran's lay statements about his injuries during service.

The Board denied service connection for various conditions, including cervical spine disorder, cervical radiculopathy, right shoulder disorder, right upper extremity scars (armpit scars), back disorder, and right leg sciatica, as they were not related to the Veteran's period of honorable service from September 6, 2005 to November 25, 2008.