Shoulder decisions — 2020

The Board has dismissed all issues on appeal due to the appellant's withdrawal of all claims.

The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.

The Veteran's left shoulder separation is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Board has remanded the Veteran's claims of entitlement to service connection for right shoulder disability as secondary to his service-connected degenerative disc disease with herniated nucleus pulposus of the lumbar spine and entitlement to a temporary total disability rating based on convalescence due to right shoulder disability. The case is being returned to the Board for further development.

The Board has granted service connection for gout of the right shoulder and gout of the left shoulder, finding that these conditions are etiologically related to the Veteran's military service.

The Board denied service connection for right shoulder strain, DDD of the cervical spine, and DDD of the lumbar spine. The evidence did not support a finding that these conditions began during active service or were related to an in-service injury.,Service connection was also denied on direct basis as there was no showing of chronic disability within one year post-service.

The Board has remanded two issues regarding service connection for degenerative joint disease of the right and left shoulders due to a lack of full responsiveness in the prior opinion.

The Board denied the Veteran's claims of service connection for right shoulder strain, left shoulder strain, and chronic fatigue syndrome due to a lack of medical evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims of service connection for left shoulder and neck disabilities due to a lack of VA examinations. The AOJ is instructed to attempt rescheduling these exams.

The Board has remanded the Veteran's claims for service connection due to the need for additional examinations and development of medical records. The issues include right ankle disability, bilateral knee condition (secondary to right ankle), left shoulder numbness (secondary to right shoulder), and bilateral shoulder condition (related to right shoulder).

The Veteran's appeal for a compensable rating for bilateral hearing loss as a residual of and secondary to vertigo was denied. The Board found that the Veteran did not demonstrate hearing loss on testing, thus no service connection is warranted. Other claims were remanded due to lack of VA examination records.

The Board denied a rating in excess of 20 percent for the Veteran's right shoulder disability, finding that his symptoms did not warrant a higher rating based on limitation of motion or frequent dislocations.

The Board has remanded the Veteran's claims of service connection for right knee, shoulder, ankle disabilities and heart disease due to insufficient medical evidence. The claims will be reconsidered on their merits without determining if new and material evidence was received.

The Board denied an increased rating for the Veteran's left shoulder disability, finding that the current 20 percent rating adequately reflects his symptoms and limitations.

The Veteran's initial claim for an increased rating for his right shoulder disability was denied. The current rating of 30 percent is maintained as the evidence does not show ankylosis or any other criteria warranting a higher rating.

The Veteran's appeal for a higher rating for his service-connected left shoulder dislocation with rotator cuff tear, lumbar spine disc disease, and related conditions was denied. The Board found that the current ratings adequately reflected the severity of these disabilities.

The Veteran's TDIU claim is granted as he has been rendered unable to secure and maintain substantially gainful employment due to his service-connected disabilities. The Veteran also withdrew his increased rating for PTSD, and the Board does not have jurisdiction over the sleep apnea issue.

The Board has remanded the claims for right shoulder disability, erectile dysfunction, sleep apnea, and a skin disability (other than genital herpes) due to the need for further development. Specifically, a new VA examination is required for each of these issues.

The Board has remanded the Veteran's claims for service connection for a left shoulder condition and a cervical spine (neck) condition, including as secondary to the left shoulder condition. The case is being returned to the RO for further development.

The Board has granted service connection for rashes of the shoulder, finding that the Veteran's reports of such are credible and consistent with his service experience.