Shoulder decisions — 2020

The Veteran's claims for increased ratings for his right shoulder gunshot wound with arthritis and PTSD have been denied. The highest combined rating available for the service-connected conditions has already been granted.

The Veteran's claims for increased ratings for migraines, right shoulder tendonitis, left shoulder tendonitis, and cervical spondylosis are being remanded due to the need for additional development.

The Board has remanded several issues related to the Veteran's service connection claims, including for PTSD and lumbar spine disability. The Veteran's skin condition and TDIU claim are also remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and consideration of Gulf War criteria. The specific issues are related to bilateral shoulder, wrist and hand, low back, knee, ankle and foot disorders as well as tinnitus.

The Board has remanded the Veteran's claims of service connection for cervical spine and right shoulder disorders due to insufficient opinions from the January 2020 VA examiner. The case is returned for further development.

The Veteran's appeal for increased ratings for his right shoulder disability is denied. The Board found no evidence to support higher ratings in several periods, including prior to January 12, 2016 and from September 1, 2018 onwards.

The Board dismissed the appeals for increased ratings of lumbar spine, cervical spine, and left shoulder disabilities due to a withdrawal request by the Veteran and her representative.

The Board denied the Veteran's claim for service connection for a left shoulder disability, finding that there was not enough evidence to support a link between his current condition and his military service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate examination reports, specifically regarding his right wrist and shoulder disabilities. The claims will be returned for further evaluation.

The Veteran's right total knee replacement is rated at 60 percent since August 1, 2020. The Board also granted eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Board has denied the Veteran's claims of service connection for her right shoulder, left shoulder, rhinitis, sinusitis, and painful C-section scar conditions. The claims are being remanded due to inadequate VA examinations.

The Board has restored the Veteran's ratings for his right and left shoulder disabilities from 40% to 30%, effective October 1, 2019. The reduction in rating was improper due to an inadequate examination.

The Veteran's adjustment disorder with depressed and anxious mood is granted a 50 percent rating from January 15, 2014 to October 1, 2015. A 20 percent rating for the right ankle disability is granted. For the left shoulder disability, a 20 percent rating prior to March 1, 2018 and no higher than 20 percent from March 1, 2018 onwards is granted. The lumbar spine disability receives a 20 percent rating prior to November 25, 2019 and no higher than 20 percent from that date onwards. A 10 percent rating for the cervical spine disability is denied.

The Board denied the Veteran's claim for compensation benefits and overpayment waiver due to valid creation of an overpayment, as the Veteran was not legally entitled to benefits during periods of incarceration.

The Board has remanded the claims for service connection for left knee disability and secondary service connection for right shoulder disability due to a previous left knee disability. The Veteran's attorney contends that her knee pain is related to her left knee injury during service, which was not taken seriously at the time.

The Board granted a higher 30 percent rating for the Veteran's right shoulder strain with osteoarthrosis and a higher 20 percent rating for his right ankle arthrosis with instability, both retroactively effective from February 11, 2016. The Veteran requested an earlier effective date but was denied.

The Veteran's aseptic meningitis residuals are rated at 50% from April 26, 2001.,Persistent depression with insomnia disorder is rated at 70% from February 28, 2005.

The Veteran's lower back disability and associated radiculopathy have been granted increased initial ratings of 20 percent, effective January 22, 2018. Additional development is needed for other issues.

The Board has denied a rating in excess of 20 percent for the Veteran's service-connected left shoulder disability and has remanded the issue of entitlement to TDIU. The appeal is currently pending due to the need for additional development regarding the TDIU claim.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful employment, and the Board has granted entitlement to TDIU. The cases for increased disability ratings for right elbow, left elbow, left knee, and right knee disabilities are remanded.