Shoulder decisions — 2020

The Board has remanded the claims for service connection and nonservice-connected pension due to the Veteran's failure to attend VA examinations. The issues will be reconsidered after further examination.

The Veteran's OSA and bilateral shoulder disabilities are granted as they were caused by his service-connected acquired psychiatric disorders.

The claim for service connection for right shoulder degenerative joint disease, to include as secondary to service-connected lumbar spine arthritis is remanded due to the need for a VA examination.

The Veteran's appeal is remanded for additional development of his left knee and lumbar spine disabilities.

The Board has determined that additional development is needed to obtain the Veteran's VA treatment records and his VR&E files, as these documents are relevant to the issues on appeal.

The Board has granted service connection for left shoulder partial rotator cuff tear and right shoulder status post rotator cuff repair, finding that the Veteran's current disabilities are due to her in-service automobile accident.

The Board has remanded the cases for additional VA medical examinations to determine the nature and etiology of the Veteran's claimed left shoulder disability and tinnitus due to issues with notification of the scheduled examinations.

The Board denied service connection for fibromyalgia, bilateral shoulder disorder, low back disorder, hypertension, and diabetes mellitus type II. The Veteran did not have these conditions during service or within a presumptive period.

The Board has decided to remand the cases of entitlement to a rating in excess of 30 percent for right shoulder disability from November 1, 2015 and entitlement to total disability based on individual unemployability (TDIU).

The Veteran's right shoulder disorder has been rated at 20 percent since November 27, 2014. The Board found the evidence does not support a higher rating prior to October 26, 2015.,The Veteran also appealed for an earlier effective date for his temporary total evaluation due to post-operative residuals necessitating convalescence.

The Veteran's claims for bilateral hearing loss, tinnitus, erectile dysfunction, neurological impairments of the upper extremities, and acquired psychiatric disorder have been dismissed. The Board found no evidence of a service-connected condition related to these issues.

The Veteran's request to reopen his previously denied claims for right knee disorder, coronary artery disease, and PTSD were not granted. The effective date for service connection of coronary artery disease was denied as it was received within one year of the Veteran's separation from active duty. The Veteran's claim for hypertension is remanded due to lack of evidence supporting a direct link to his military service.

The Board has dismissed the Veteran's appeals for initial evaluations in excess of 10 percent for thoracic lumbar strain, right ankle strain, and a right shoulder strain prior to August 24, 2016, and over 20 percent thereafter. The appeal was withdrawn by the Veteran through his authorized representative.

The Veteran's service was not considered qualifying for VA non-service-connected disability pension benefits due to his discharge from active duty before the required 90 days, and he did not have a service-connected disability at the time of discharge. His claims for other conditions were denied.

The Veteran's appeals for increased ratings in excess of 30 percent for status post thyroid papillary carcinoma with total thyroidectomy and residual, 20 percent for impingement of the left shoulder, and 10 percent for degenerative disc disease of the thoracolumbar spine have been dismissed due to his withdrawal of these claims.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current left shoulder condition is related to his in-service injury. The case will be sent back for further examination and opinion.

The Board has determined that the Veteran's right shoulder condition is at least as likely as not related to an in-service injury, and therefore grants service connection for this disability.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and tuberculosis. The claims for traumatic brain injury, right shoulder disability, and neck disability are remanded as there is insufficient evidence to determine if these conditions are related to service.

The Board has remanded the Veteran's claims for hypertension, liver disorder, and disability manifested by pain in the bilateral ankles, knees, shoulders, low back, and neck due to incomplete development. The kidney disorder claim remains denied.

The Veteran's service connection for psychomotor epilepsy is denied as he has not experienced seizures during the appeal period.,The Veteran's claimed 'blackouts' are found to be a symptom of his already service-connected psychomotor epilepsy.