Shoulder decisions — 2021

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Veteran's claims for service connection for left ankle, right ankle, left shoulder, cervical spine, and bilateral eye disorders are being remanded due to the need for additional medical opinions.

The Board has ordered a remand to determine whether the Veteran's sleep disturbances are separate disabilities from her service-connected shoulder disability or merely manifestations of it, and to clarify this in the rating decision.

The Board has granted service connection for shin splints of the right leg, shin splints of the left leg, and a left shoulder disability. The decision is based on direct evidence showing these conditions are related to active service.

The Board has remanded the cases due to insufficient opinions regarding whether current right shoulder and knee disabilities are related to service. The Veteran's claims for service connection on a direct basis have been remanded.

The Board has found that the Veteran missed scheduled examinations for his claimed conditions and has ordered them to be rescheduled. The claims of service connection for degenerative arthritis of the shoulders, spine, hips, knees, peripheral neuropathy of the bilateral lower extremities, and radiculopathy of the bilateral lower extremities are remanded.

The Board has decided to remand the Veteran's claims for left shoulder disability and acquired psychiatric disorder (including PTSD and anxiety disorder) due to insufficient opinions in the VA examinations. Further development is needed.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current left shoulder disability is related to service. The case needs an addendum opinion from a clinician.

The Board has dismissed the Veteran's claim of service connection for a right shoulder disability as it was not appealed by the Veteran and is therefore final.

The Veteran's claim for service connection for TBI and related conditions, including headaches, was denied as new and material evidence was not submitted.,The Veteran's claim for service connection for hypertension was denied as new and material evidence was not submitted.

The Board has remanded the claims for increased ratings due to inadequate examinations and the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's right shoulder condition, hypertension, and hypertensive heart disease were all evaluated at 30 percent prior to his death. The Board denied claims for increased ratings as the evidence did not support a higher rating based on the severity of symptoms or treatment required.

The Board has remanded several claims for further development, including obtaining the Veteran's Social Security Administration (SSA) disability records and readjudicating his service connection claims.

The Veteran is granted a temporary total evaluation from December 4, 2013 to January 31, 2014 for her service-connected right shoulder condition due to surgical treatment necessitating convalescence.

The Veteran's claim for a higher rating for his left shoulder disorder was denied, and the TDIU claim was also denied. The Board found that the Veteran’s service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment.

The Board has granted extraschedular disability ratings of 40 percent for the Veteran's right and left shoulder disabilities, finding that these conditions have resulted in substantial interference with his ability to work.

The Board has decided to remand the Veteran's claim for service connection of a left shoulder condition due to inadequate addendum opinions and further development is needed.

The Veteran's claim for a TDIU is being remanded due to lack of substantial compliance with the Board’s June 2017 remand directives and the need to obtain updated VA treatment records and conduct a combined effects VA medical opinion.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Veteran's claims for higher ratings for avascular necrosis of the right and left shoulders, as well as median neuropathy of the right and left upper extremities, have been denied by the Board. The evidence does not support a finding that any of these conditions warrant a rating in excess of 20 percent prior to December 19, 2011, or in excess of 30 percent from December 19, 2011, for avascular necrosis, and in excess of 10 percent prior to August 20, 2020, or in excess of 30 percent from August 20, 2020, for median neuropathy.