Shoulder decisions — 2020

The Board has granted service connection for lower lumbar facet joint degeneration, cervical sprain (chronic neck pain), left shoulder disability, and right shoulder disability. The claims for these conditions were reopened due to the submission of new evidence that relates to an unestablished fact necessary to substantiate the claim.

The Board dismissed all claims of service connection due to the appellant's withdrawal of her appeals.

The Veteran's appeals for increased ratings were denied as a matter of law due to his failure to report for VA examinations.

The Board denied service connection for right shoulder disability and a rating in excess of 10 percent for left knee strain, finding that the preponderance of evidence does not support these claims.

The Veteran's chronic fatigue syndrome is granted as secondary to his service-connected fibromyalgia, while other claims for increased ratings and effective dates are denied.

The Board denied the Veteran's claim for service connection of bilateral shoulder disability, finding that there was no evidence showing a relationship between his current disability and his military service.

The Veteran's appeal is REMANDED for additional development regarding her right and left upper extremity conditions, including service connection claims.

The Board denied the Veteran's claim of service connection for a left shoulder disability, finding that there was no evidence of chronicity or continuity of symptomatology and insufficient evidence to establish an in-service injury. The current left shoulder disability is considered to be due to normal wear and tear over time.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding his claimed disabilities and exposure history.

The Board has remanded the case for an addendum medical opinion regarding whether a head/brain disability resulted from the Veteran's slip and fall at a VA facility in April 2011. The examiner is to consider the Veteran's reported symptoms, including headaches, dizziness, nausea, and short-term memory loss.

The Veteran's claims for service connection for GERD and a psychiatric disorder are being reconsidered de novo due to the receipt of relevant official service department records.,Service connection is denied for bilateral hearing loss and tinnitus as there is no evidence that these conditions are related to military service.

The Veteran's claims for higher ratings for her service-connected left and right shoulder rotator cuff tendonitis were denied as the evidence did not show that her conditions warranted a rating in excess of 20 percent or 10 percent, respectively, prior to September 30, 2010.

The Board has determined that the Veteran's claims for a higher rating for his left shoulder disability and TDIU on an extraschedular basis need to be remanded due to incomplete development of records, including from Boston Medical Center and Carney Hospital. The Veteran will also be scheduled for a VA examination to assess the severity of his left shoulder disability.

The Veteran's claim for an initial rating higher than 20 percent for left shoulder degenerative arthritis with tendonitis was denied. The current disability is rated as 20 percent disabling.

The Board has remanded the case for additional development regarding service connection for cervical spine, thoracic spine, and right shoulder disabilities on a secondary basis to the Veteran's service-connected pain disorder.

The Veteran's right shoulder disability was granted a 30 percent rating from October 1, 2013 to April 8, 2019. The left shoulder disability was denied any increase in rating.

The Veteran's claims for service connection and increased ratings for various shoulder, back, and foot disabilities have been denied. The Board found no current right elbow disability, and the right and left shoulder disabilities do not meet criteria for higher ratings under Diagnostic Code 5201. For the lumbar spine and cervical spine disabilities, the evidence did not show ankylosis or incapacitating episodes as required for higher ratings. The abdominal scar has not been manifested by disabling effects.

The Board has granted the reopening of service connection for right shoulder, right knee, and left knee disorders based on new evidence that supports a link to service.

The Veteran's initial rating for service-connected right shoulder disability is granted at a 30 percent level from April 8, 2004 to November 16, 2010. The issue of entitlement to TDIU prior to November 17, 2010 was denied.

The Veteran's service-connected disabilities prevent her from obtaining and maintaining substantially gainful employment, granting a total disability rating based on individual unemployability (TDIU) for the entire appellate period.