Shoulder decisions — 2020

The Board denied entitlement to increased ratings for right and left shoulder strains, as well as chondromalacia of the right and left knees. The evidence did not show that any of these conditions warranted a higher rating under applicable diagnostic codes.

The Board has determined that additional evidence, including VA treatment records and a recent examination, should be considered as part of the claims process. The Veteran's appeal is being remanded to allow for this review.

The Veteran's TDIU claim is dismissed for the period prior to January 17, 2017 due to his already receiving SMC based on housebound status. The case is remanded for consideration of an extraschedular TDIU on behalf of the Veteran from January 17, 2017.

The Board has determined that the VA examinations were not conducted as per remand instructions and thus, the claims for service connection are being returned to the AOJ for further development.

The Veteran's fibromyalgia has been granted service connection. The right shoulder condition, IBS, chronic fatigue syndrome, and bilateral hearing loss have been remanded for additional development.,The left knee condition remains pending as it requires an addendum opinion from the June 2014 VA examiner.

The Board has dismissed the appeal regarding the restoration of benefits due to an incarceration adjustment. The remaining claims for service connection and rating issues are remanded.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's right shoulder disability. The claim will be reviewed again with a new VA medical opinion.

The Board denied an initial rating in excess of 20 percent for right shoulder strain and dismissed the remaining service connection claims due to lack of jurisdiction. The Veteran's right shoulder strain is currently rated at 20 percent.

The Veteran's right shoulder disability is currently rated at 30 percent prior to June 26, 2011.,An initial evaluation in excess of 20 percent from August 1, 2011 to October 23, 2015 was denied.

The Veteran's kidney disease is granted as secondary to service-connected type 2 diabetes mellitus. The right shoulder, left shoulder, right hip, left hip, and both knees disabilities are denied due to lack of in-service onset or continuity of symptoms.

The Board has determined that the Veteran's right shoulder disorder is at least as likely as not related to service, and thus grants service connection for this condition.

The Veteran's right shoulder disability is currently rated as 20 percent disabling. The Board has remanded the issues of service connection for a right ring finger condition, low back condition, and right lower extremity neuropathy due to lack of medical evidence supporting these claims.

The Veteran's claims for increased ratings and effective dates have been dismissed. The claim for service connection for PTSD has also been dismissed. A rating in excess of 10 percent for PFB is denied, as the condition does not meet the criteria for a higher rating based on minimal manifestations. The right shoulder disability remains rated at 20 percent.

The Veteran's claim for service connection for headaches has been reopened and granted.,Service connection is also granted for the Veteran's right shoulder condition, but the issue is remanded due to insufficient evidence in the VA examination.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, so he is not entitled to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for left shoulder, lower back, rib, and neck conditions due to inadequate previous VA examinations.

The Board has granted service connection for right knee disability. Service connection is remanded for left shoulder, cervical spine, and lumbar spine disabilities.

The Veteran's right shoulder disorder is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. The appeal for TDIU is remanded as there is insufficient evidence to determine if the Veteran has been unemployed due to his service-connected disability.

The Board has remanded the Veteran's TDIU claim for referral to the Director of Compensation Services for consideration of entitlement to TDIU on an extraschedular basis, as his service-connected disabilities preclude him from participating in gainful employment. The April 2018 remand directives have not been substantially complied with.

The Veteran's left shoulder condition was previously rated at 20 percent prior to May 1, 2019. Beginning May 1, 2019, the Veteran is now entitled to a 30 percent disability rating for his service-connected left shoulder condition.