Shoulder decisions — 2021

The Veteran's claims for increased ratings and a higher rating for his left shoulder disability, including the scar associated with reconstruction and bilateral hearing loss, have all been denied by the RO. The Veteran's left shoulder disability is rated as 40 percent disabling under DCs 5203-5202.

The Veteran's bilateral shoulder disability and lumbar spine disability were denied. The bilateral shoulder disability was not service-connected, and the lumbar spine disability did not meet the criteria for a higher rating.

The Veteran's right shoulder disability is rated at 40 percent, and the appeal for an increased rating is denied.,The Veteran's TDIU claim prior to July 7, 2020, is remanded as it may be eligible on an extra-schedular basis.

The Veteran's service-connected disabilities, including depressive disorder, diabetes mellitus, and multiple orthopedic conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for further development. The claims include right shoulder disability, left shoulder disability, a disability manifested by memory loss and fatigue, headaches with light sensitivity, and alopecia.

The Board has denied the Veteran's request for an extension of temporary evaluation of 100 percent for right shoulder surgery beyond July 1, 2015. The case is remanded for further development and consideration of a rating in excess of 60 percent for right shoulder replacement.

The Board has decided to remand the Veteran's claims for a bilateral shoulder disability and back disability due to insufficient evidence regarding their etiology. A new examination is required.

The Veteran's right shoulder fracture is currently rated at 20% and his depressive disorder has been granted. The issue of service connection for migraine headaches remains pending.,Further medical evaluation and opinion are needed to determine if the Veteran's migraines are secondary to his service-connected conditions.

The Veteran has withdrawn his claims for higher ratings for various spine and shoulder conditions, opting to have them reviewed under the modernized review system.

The Board denied service connection for various disabilities, including bilateral shoulder, ankle, elbow, wrist, cervical spine, and hip disabilities. The evidence did not establish a link between these conditions and the Veteran's active service.,Service connection was also denied for tinnitus.

The Board has remanded the service connection issues for low back disorder, neck disorder, bilateral knee disorder, right elbow disorder, and left shoulder disorder due to inadequate statements of reasons or bases in previous decisions.

The Board has denied service connection for GERD, TBI, headaches, bilateral knee disability, back disability, left shoulder disability, and heart disability due to lack of evidence linking these conditions to service. The claims are remanded for further development.

The Board has withdrawn the appeal for TMJ and has remanded the cases of cervical spine condition, right shoulder strain, and migraines secondary to cervical spine condition.

The Board has determined that the Veteran's right shoulder condition is not proximately due to or the result of his left foot condition, and therefore denied the claim for service connection.

The Board has determined that the reduction in ratings for lumbar arthritis and left shoulder disability were not proper, and thus restored the original ratings.

The Veteran's appeal for service connection for a right shoulder disability and SMC on the basis of being homebound prior to February 15, 2021 is dismissed due to his death. The Board has no jurisdiction to adjudicate these matters as he passed away during the pendency of the appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The right shoulder disability claim is related to a reported injury during active duty, while the psychiatric disorder claim requires clarification on whether it was superimposed upon an existing personality disorder.

The Veteran's claim for an increased rating for his right shoulder bursitis is being remanded due to the need for a new examination that adheres to Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's claim for service connection for bilateral hearing loss is denied. The Board has found that the Veteran does not have a current disability related to bilateral hearing loss at any time during the course of the appeal or approximate thereto, and thus cannot establish an essential element of the service connection claim.

The Veteran's claims for higher evaluations for his lumbar spine and left shoulder disabilities have been denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbar spine disability prior to July 11, 2014, from July 11, 2014 to June 18, 2017, and from October 1, 2017. For the left shoulder disability, there were no incapacitating episodes requiring bed rest prescribed by a physician in the past 12 months.