Shoulder decisions — 2020

The Veteran's right total hip replacement is granted a 50 percent rating since November 1, 2019. The appeal for higher ratings or service connection for other conditions remains pending.

The Veteran's initial claim for a higher rating for left shoulder strain was denied from October 1, 2011 to April 26, 2016. From April 26, 2016, the Veteran is rated at 20% for limitation of motion of the arm at the shoulder level.

The Veteran's left and right shoulder strain disabilities have been rated at the minimum compensable level (20%) due to their limitation of motion. The Veteran's left knee instability has also been rated at the minimum compensable level (10%).

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty-to-assist errors, including a lack of records search for Agent Orange exposure in Korea and SSA disability benefits records.

The Board has decided to remand the Veteran's claims for service connection for left elbow and shoulder disabilities, as secondary to a service-connected foot disability. The case will be sent back to the AOJ for further development.

The Board has determined that new and relevant evidence was received for both the left claw hand disorder and left shoulder disorder claims, thus granting petitions to readjudicate these issues. However, due to the need for further development, including VA examinations or opinions, the claims are being remanded.

The Board denied the Veteran's claims for service connection for various conditions due to a lack of timely receipt of his notice of disagreement (NOD) regarding the January 2017 rating decision.

The Veteran's appeal for increased ratings for acquired psychiatric disorders, lumbar spine disability, right shoulder disability, and radiculopathy in the right lower extremity was denied. The Veteran is not entitled to a higher rating for any of these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional development. The issues include secondary service connection for shoulder conditions and a breathing related disorder.

The Veteran is granted a separate 20 percent schedular rating for his chronic left shoulder strain under DC 5202, but the Board finds that an extraschedular rating is not warranted.,The Board remanded the issue of entitlement to an extraschedular rating for the Veteran's service-connected left shoulder strain and bilateral tinnitus. The Director denied these claims in August 2017.,The Veteran seeks an extraschedular rating for his service-connected bilateral tinnitus, but the Board finds that the schedular evaluation adequately contemplates his symptoms.

The Veteran's combined disability ratings for service-connected disabilities are higher than the rate payable for nonservice-connection pension, making the claim for nonservice-connected pension benefits moot and dismissed.

The Board has granted service connection for the Veteran's bilateral shoulder disability, neck disability, lumbar spine disability, and right knee degenerative arthritis, finding that these conditions are at least as likely as not incurred in or caused by events during active service.

The Veteran's gastrointestinal, respiratory, psychiatric, hearing loss and tinnitus, lumbar spine, shoulder, hand, hip, knee, ankle, and foot disabilities are being remanded for further evaluation due to the need for additional medical opinions.

The Board has granted service connection for the Veteran's right knee disability, including tendinitis/tendinosis and arthritis. The Veteran reported pain in his knees during basic training, which he attributed to repetitive running and pounding.,Service connection was denied for the Veteran's left shoulder disability (bicipital tendonitis). The Board found insufficient evidence to establish an in-service event.

The Board has remanded the case for further development and adjudicative action, including a determination of service connection for a visual field disability (claimed as due to left orbital fracture). The Veteran's claims for increased ratings for posttraumatic tension headaches prior to April 14, 2015 and chronic sinusitis are also pending.

The Board has remanded the case due to a lack of contemporaneous records and for further examination.

The Board has granted service connection for left shoulder disorder, right shoulder disorder, left knee disorder, and right knee disorder. Service connection was also granted for IBS and GERD as qualifying chronic disabilities due to the Veteran's service in the Persian Gulf War.

The Board has determined that the Veteran's left shoulder disability is related to his active duty service and granted service connection for this condition.

The Veteran's claim for service connection for chest pain is denied. The initial rating of 70% for PTSD prior to June 19, 2019, and the rating in excess of 70% since that date for PTSD are both denied. The initial rating in excess of 20% for left shoulder arthritis prior to December 3, 2014, is denied. A rating of 20% for left shoulder arthritis from December 3, 2014, to September 19, 2019, is granted subject to the law and regulations governing the payment of monetary benefits. The rating in excess of 20% since September 20, 2019, for degenerative changes of the thoracolumbar spine is denied. The grant of a total disability rating based on individual unemployability (TDIU) prior to March 28, 2014, is also denied. The claim for service connection for left upper extremity radiculopathy is remanded.

The Board has remanded the claims for increased ratings for PTSD, a left shoulder disability, and hemorrhoids due to outstanding VA treatment records. The TDIU claim is also being remanded.