Shoulder decisions — 2020

The appeals for service connection for various conditions, including wrist, leg, shoulder, neck, and arm conditions, as well as congestive heart failure, have been dismissed. The appeal for residuals of a left kidney contusion has been reopened.

The Board has remanded the Veteran's claims for service connection for various elbow, foot, and knee disorders due to insufficient medical opinions regarding their etiology. The Veteran is also being asked to provide any outstanding private or VA treatment records.

The Veteran's initial rating for left shoulder disability has been denied as his symptoms do not warrant a higher rating.

The Veteran's appeal for a higher rating for his left shoulder disability and TDIU was denied. The evidence did not support a rating in excess of 20 percent for the left shoulder disability, as flexion and abduction were limited to 90 degrees, which does not warrant an evaluation in excess of 20 percent under Diagnostic Code 5201. For TDIU, since no single service-connected disability is rated at least 40%, the schedular threshold requirement for TDIU was not met.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining VA treatment records and IRS tax returns. The case will also be referred to the Director of Compensation Service for consideration of whether a TDIU on an extraschedular basis prior to April 16, 2013 is warranted.

The Veteran's appeal for a higher rating for his left shoulder disability and TDIU was denied. The Board found that the evidence did not show limitation of motion to at least midway between side and shoulder level, which would warrant an increased rating. For TDIU, the Veteran’s employment difficulties were attributed to multiple nonservice-connected disabilities rather than service-connected conditions.

The Board has decided to remand the Veteran's claims of service connection for lumbar spine and left shoulder disabilities due to a duty-to-assist error. Further development is needed, including VA examinations.

The Veteran's appeal is generally limited to a direct review of the evidence considered by the AOJ. The Board finds that remand is required for the psoriasis, psoriatic arthritis, and knee claims due to a pre-decisional duty to assist error.

The Veteran's skin disability, which includes onychomycosis in the toenails with psoriasiform dermatitis, is rated at a maximum of 60 percent. The Board granted this rating as it found that his use of topical corticosteroids for treatment met the criteria for such a rating. However, service connection for a left shoulder disorder and chronic sinusitis was remanded due to insufficient evidence.

The Veteran withdrew his appeals regarding the initial rating for left shoulder disability and the propriety of reducing right shoulder disability from 30 percent to 20 percent.

The Board has remanded the case due to insufficient evidence regarding the Veteran's left shoulder disability, specifically whether it was incurred or aggravated during service. The case will be reviewed again with a new VA examination and additional opinions.

The Veteran withdrew his appeals for right ankle, left shoulder, and dermatitis claims.

The Board has remanded the cases for further development and consideration due to inadequate medical opinions regarding service connection.

The Board has denied the Veteran's claims for service connection for her left upper arm disability, bilateral hearing loss, tinnitus, lumbosacral spine disability, and left knee disability due to lack of evidence supporting a nexus between these conditions and her military service. The appeals are being remanded for further development.

The Veteran's right shoulder disability has been rated at 20 percent, but the Board found that his symptoms do not warrant a higher rating as his abduction range of motion is limited to no worse than 30 degrees.

The Board has determined that additional development is needed to ensure the Veteran receives proper notice and scheduling of VA examinations, as well as to address his claims for increased evaluations and service connection.

The Board has remanded the case for additional development, including a new examination to determine if the Veteran's left shoulder condition is related to an in-service fall.

The Veteran's claim for a higher rating for his right shoulder disability was denied as the evidence did not show ankylosis or fibrous union, which are required for a higher rating under the applicable VA rating criteria.

The Board has remanded three issues related to the Veteran's lumbar strain, left shoulder derangement or impingement syndrome, and right leg/knee disability. The Veteran is seeking higher ratings for these conditions.

The Veteran's migraine headache disability has been granted a 50 percent rating, but no higher.,The Veteran’s asthma condition is active and needs to be evaluated for service connection.