Shoulder decisions — 2020

The Board has remanded the case for further evidentiary development due to non-compliance with previous remand directives. The Veteran's right and left shoulder disorders are being evaluated again to assess their severity, including functional loss.

The Board has remanded the TDIU claim due to further development and consideration being required. The Veteran's service-connected disabilities do not meet the minimum schedular rating requirements for a TDIU, but there is evidence suggesting he may be unemployable.

The Board has remanded the case due to non-compliance with prior remand directives. The Veteran's increased rating claims for lumbar spine, left and right knee disabilities, and right shoulder derangement remain in appellate status.

The Veteran's service-connected disabilities, including left leg thrombophlebitis, right shoulder rotator cuff syndrome, and knee conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on this finding.

The Board has remanded the appeal for a new VA examination to obtain the right shoulder's range of motion during flare-ups since August 2006 in accordance with Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board has determined that the AOJ's efforts to obtain all relevant records and provide appropriate VA examinations were inadequate. The Veteran's periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) need to be verified, as well as his service in the Army Reserves from August 1963 to February 1969. Further, the AOJ must obtain the complete SSA file to determine if any disability benefits were awarded based on the Veteran's claims.

The Veteran's TDIU claim is remanded due to the complexity of his case and the need for extraschedular consideration. The Board notes that he has multiple service-connected disabilities, but does not meet the schedular rating criteria for a TDIU. He also had difficulty obtaining and maintaining employment due to his shoulder pain.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's service connection claim for chronic residuals of a motor vehicle accident. The Veteran is seeking service connection for his musculoskeletal disabilities, including those affecting his spine and arms, which he contends are related to an in-service motor vehicle accident.

The Board has determined that there has not been substantial compliance with its remand directives and the claims for service connection are being remanded due to inadequate VA examinations.

The Board dismissed all claims for increased ratings as the Veteran withdrew his appeals prior to a decision being made.

The Veteran's claims for service connection were granted for lumbar spine degenerative disc disease. The right and left shoulder conditions with bursae and tendons are also granted, as they are considered direct service connections based on the in-service injury.

The Board has determined that the Veteran's left shoulder disability did not begin during service or is otherwise related to an in-service injury or disease, and therefore denied his claim for service connection.

The Board has denied service connection for a bilateral arm disability, bilateral shoulder disability, and right upper extremity neurological disability as the evidence does not support a finding of in-service injury or disease that is related to these conditions.

The Board denied service connection for degenerative joint disease of the left shoulder as secondary to the Veteran's service-connected bilateral knee disability, finding that there was no medical evidence supporting a link between the two conditions.

The Board has remanded the claims for a cervical spine disability, right shoulder disability, and traumatic brain injury due to insufficient evidence or procedural errors.

The Veteran's claim for a higher rating for bilateral hearing loss was denied as there is no evidence of entitlement prior to June 13, 2019.,TDIU benefits were granted effective June 28, 2017, based on the date the Veteran filed his claim. The effective date for Dependents' Educational Assistance was also set at this time.

The Board has determined that the Veteran's current right and left shoulder disabilities are related to service, granting service connection for both conditions.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Board has restored a 30 percent rating for the Veteran's right shoulder disability, effective July 1, 2018. The evidence did not show actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran's appeal was dismissed because he died during the pendency of his appeal, and the Board has no jurisdiction to adjudicate the merits of his claims.