Shoulder decisions — 2020

The Board has decided to remand the cases for additional examinations and evaluations due to inadequate previous VA examinations.

The Veteran's claims for service connection for a right knee disorder, kidney disorder, and right shoulder disorder are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has found that additional development is needed for the issues of service connection for a right knee disability, evaluation in excess of 30 percent disabling for left shoulder strain, evaluation in excess of 20 percent disabling for left ankle strain, and evaluation in excess of 10 percent disabling for dermatitis. The case is REMANDED to obtain new examinations that comply with Correia v. McDonald (28 Vet. App. 158) and provide opinions on the etiology of the right knee disability and the severity of the left shoulder, left ankle, and dermatitis disabilities.

The Veteran's PTSD and right shoulder condition claims are being remanded due to the need for updated VA treatment records since September 2019. The TDIU claim remains pending.

The Board has vacated the May 28, 2020 decision due to denial of due process. The case is remanded for further action on service connection claims including PTSD and anxiety disorders.

The Veteran's right and left shoulder disabilities have been rated at 20 percent each, but the evidence does not support a higher rating based on limitation of motion or other criteria.

The Board denied service connection for a cervical spine disability, right shoulder disability, lumbosacral spine disability, bilateral hip disability, and residuals of a head injury. The Veteran's current disabilities are not related to his active service.,The Board found that the Veteran did not experience any current disability due to his claimed right shoulder disability, lumbosacral spine disability, bilateral hip disability, or residuals of a head injury which could be attributed to active service.

The Board has remanded the case for further development due to incomplete records and issues related to increased ratings for shoulder disabilities and TDIU.

The Board denied service connection for glaucoma, bilateral cataracts, and a bilateral shoulder disability (including arthritis). The Veteran's glaucoma is not considered to be related to his military service. His bilateral cataracts are also not considered to be related to his military service as they were first noted years after separation from active duty. The Board found that the Veteran's pre-existing shoulder condition was not aggravated by service and denied service connection for it. Service connection for hypertension was also denied.,The Board denied service connection for glaucoma, bilateral cataracts, a bilateral shoulder disability (including arthritis), and hypertension. The Veteran's glaucoma is not considered to be related to his military service. His bilateral cataracts are also not considered to be related to his military service as they were first noted years after separation from active duty. The Board found that the Veteran's pre-existing shoulder condition was not aggravated by service and denied service connection for it. Service connection for hypertension was also denied.

The Board has restored service connection for Traumatic Brain Injury (TBI) and denied a compensable rating for Right Shoulder Scars.

The Veteran's claims for service connection for a bilateral hearing loss disability, initial ratings for service-connected lumbar strain, right knee patellofemoral pain syndrome, and right shoulder tendonitis, as well as a compensable rating for migraines, were denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for the service-connected lumbosacral strain was also denied.

The Veteran's migraine/tension headaches are currently rated as noncompensable prior to January 10, 2013 and at a 30 percent rating thereafter. The Board has determined that the evidence does not support an increased rating for this condition.,The Veteran's right shoulder disability is remanded due to inadequate examination in determining its etiology.

The Board has remanded several issues related to the Veteran's service connection claims, including sleep apnea, knee and shoulder disorders, foot fungus, and headaches. The Veteran is required to provide updated medical records and undergo examinations for his claimed conditions.

The Veteran's claims for increased ratings for various service-connected disabilities, including hearing loss, anxiety disorder, headaches, sleep apnea, shoulder strain, vertigo, back issues, sciatica, and nerve damage in the upper extremities, were denied. The Board found that there was no evidence of current disability for some conditions (e.g., left ear hearing loss) or insufficient symptoms to warrant higher ratings.

The Board has remanded the cases for additional examinations to determine the severity of the Veteran's asbestosis and etiology of his diabetes mellitus, bilateral shoulder disability, hypertension, and varicose veins.

The Veteran's bilateral knee osteoarthritis, left shoulder arthritis, digestive issues (chronic constipation), and low back condition with lower extremity neuropathy were not shown as chronic in service or within the applicable presumptive period. Continuity of symptomatology is not established; and the disabilities are not otherwise etiologically related to an in-service injury or disease.,The Veteran's bilateral tinnitus has been assigned a 10 percent rating, which is the maximum schedular rating authorized under Diagnostic Code (DC) 6260.

The Board has remanded the Veteran's claims for a sleep disability, right shoulder disability, lumbosacral myositis and lumbar disc degeneration, left knee tendonitis, and gastroesophageal reflux disease (GERD). The cases are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's PTSD is granted with an initial rating of 50 percent, effective from the date of service connection. The left shoulder DJD and TDIU claims are remanded for further review.

The Board has denied service connection for osteoarthritis of the left knee, right knee, and both shoulders. The decision on the right knee is pending as it was remanded.,Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service.

The Board has denied service connection for left knee, left shoulder, and lumbar spine disabilities due to a lack of evidence showing these conditions are related to military service.