Shoulder decisions — 2020

The Veteran's claims for higher ratings for GERD and left forearm and elbow disability are being remanded due to deficiencies in the VA examinations conducted.,The Veteran's claims for service connection for a sleep disorder, left shoulder disability, hypertension, and erectile dysfunction are also being remanded as addendum opinions were inadequate.,The Veteran's claim for an increased rating for major depression is being remanded due to its inextricability with the service connection claim for a sleep disorder.

The Board has remanded the claims for service connection due to a failure to secure certain VA treatment records and National Guard service treatment records. The appellant's testimony at the July 2020 hearing is also included in the new evidentiary record.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current left shoulder disorders and his military service. The Veteran is required to undergo a VA examination to determine if there is a link between his service and his diagnosed conditions.

The Board has decided to remand the cases of the Veteran's left shoulder disability, lumbar spine disability, and right ankle disability due to a duty to assist error. VA examinations are needed for these conditions.

The Board denied increased ratings for various knee, shoulder, spine, and elbow disabilities. The Veteran's left ulnar nerve disability was also denied.

The Board has determined that the VA examinations and opinions provided are inadequate to address the Veteran's claims for service connection. Therefore, additional evaluations or opinions are required.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, effective March 31, 2009.

The Board has determined that the Veteran's right shoulder disorder did not begin during his active service or any period of inactive duty for training, and arthritis did not become manifest to a compensable degree within the applicable presumptive period. Therefore, the claim for service connection is denied.

The Board has remanded the cases of service connection for left shoulder disability, low back disability, and heart disability due to the need for additional medical opinions.

The Board has granted service connection for tinnitus and obstructive sleep apnea (OSA) as secondary to service-connected sinusitis. The remaining issues of increased ratings for migraine headaches, hiatal hernia, lumbosacral spine disability, cervical spine disability, and right shoulder disability are remanded.

The Veteran's claim for an earlier effective date for a 30% disability rating for sinusitis is denied. The Board also remanded the issue of entitlement to a disability rating greater than 20 percent for left shoulder torn labrum and rotator cuff tear (previously rated as left rotator cuff strain) prior to March 11, 2014 and beginning June 1, 2014.

The Board has decided to remand the cases due to inadequate examination opinions and failure to address relevant evidence. The Veteran's claims for left shoulder and bilateral knee disabilities will be reviewed again with new medical opinions.

The Veteran withdrew his appeals for increased ratings and TDIU prior to April 25, 2018. The Board dismissed these matters as a result.

The Board has remanded the Veteran's claims for an increased evaluation for dislocation of the left shoulder and for TDIU due to service-connected disabilities. The Veteran is required to attend a VA examination to assess his current disability status.

The Board has denied service connection for a left shoulder condition and remanded the issue of service connection for bilateral ankle conditions. Service connection was granted for gastroesophageal reflux disease (GERD).

The Board has remanded the case due to inadequate VA examinations and requests for additional records. The Veteran's right ankle and shoulder disabilities are still under review, with a focus on assessing functional impairment during flare-ups and repeated use over time.

The Veteran's previously denied claims of service connection for right shoulder disability, right-hand CTS, right knee disability, left knee disability, and PTSD have been reopened. The appeal is granted to this limited extent.

The Veteran's service-connected disabilities, including depressive disorder, right and left knee osteoarthritis, and left shoulder bursitis, rendered him unable to secure and follow a substantially gainful occupation since April 20, 2012. The Board granted the TDIU on an extraschedular basis effective from that date.

The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience. The Board denied the claim for a TDIU on an extraschedular basis prior to May 2, 2014.

The Board has remanded the cases due to inadequate VA examinations and requests for new evaluations.