Shoulder decisions — 2021

The Board has ordered the VA to obtain and associate Kaiser Permanente health records from 1970 to 2013 with the Veteran's file. The VA is also instructed to schedule a VA shoulder examination if necessary, to determine the nature and etiology of any right shoulder disorders identified.

The Veteran's right shoulder strain has been rated at 20 percent since the initial grant of service connection. The Board found that his symptoms, including painful motion, did not warrant a higher rating as he had not demonstrated limitation of motion to 45 degrees or more.

The Board denied service connection for a left shoulder disorder, finding that the Veteran's current condition is not related to his military service. The Board also denied service connection for left and right eye disorders, concluding there was no evidence linking these conditions to service.,Service connection was denied for both the left and right eye disorders due to lack of evidence showing any link between the disabilities and service.

The Board has remanded the case due to insufficient compliance with previous remand directives regarding service connection for a left shoulder disability as secondary to a balance disturbance caused by a service-connected disability. A new VA examination is needed to address whether the Veteran's service-connected disabilities, including his left foot disability, result in instability or balance issues and if they are causally linked to his fall resulting in a left shoulder injury.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as his right shoulder bursitis and left lower leg scar did not cause occupational impairment.

The Board has remanded the Veteran's claims for increased rating and TDIU due to outstanding records and additional evidentiary development, including a VA examination of his left shoulder disability under both old and new rating criteria.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from December 30, 2015 due to his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, left shoulder and right shoulder disabilities, degenerative joint disease of the lumbar spine, bilateral shoulders, knees, left hand, and wrist, right knee, left knee, left hand wrist degenerative joint disease, hypertension, and erectile dysfunction, preclude substantially gainful employment from June 17, 2008. Therefore, a TDIU is granted for this period.

The Board has denied the Veteran's claims for service connection for a left shoulder disability and a right thigh muscle injury, finding that there is no current diagnosis of these conditions. The Veteran was not granted any compensation rating for his bilateral hearing loss.

The Veteran's claims for right shoulder disability, right elbow epicondylitis, and right arm disability have been granted. The conditions are related to his active duty service.

The Veteran's left shoulder disability is currently rated as 20 percent disabling, but the Board finds that a higher evaluation is not warranted.,The Veteran's allergic rhinitis has been evaluated as noncompensable since April 2014 and entitlement to a compensable evaluation did not arise until October 2020.

The Veteran's claim for a respiratory disability other than service-connected obstructive sleep apnea (OSA) and chronic laryngitis has been denied.,The Veteran's claims for bilateral shoulder disabilities have also been denied.

The Board has denied the Veteran's claims of service connection for a right shoulder condition and an acquired psychiatric condition, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has granted service connection for a left shoulder condition and cervical strain, but dismissed the issue of service connection for a lung condition. The Veteran's lumbosacral strain claim is remanded for further examination.

The Board has remanded the Veteran's claims of entitlement to higher initial ratings for his service-connected right shoulder disability and entitlement to a TDIU due to additional development being necessary.

The Board has granted a disability rating of 40 percent for the Veteran's left shoulder disability, effective from the date of the decision. The Veteran was also granted TDIU status.

The Veteran's right ear hearing loss is granted service connection. Service connection for left shoulder disability and cervical spine disability are denied, while lumbar spine disability and lower left extremity radiculopathy have been assigned a rating of 40%.

For the appeal period prior to July 13, 2017, the Veteran's service-connected acquired psychiatric disorder resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.,For the appeal period from July 13, 2017, the evidence is in equipoise as to whether the Veteran’s service-connected acquired psychiatric disorder results in total occupational and social impairment.

The Board found that the Veteran does not have a single service-connected disability rated at 100 percent since October 1, 2013, and therefore, the criteria for SMC based on housebound status were not met.

The Board has denied service connection for left shoulder, right shoulder, and right hand disabilities. Additionally, the Veteran's claims for increased ratings of his patellofemoral pain syndrome of both knees have also been denied.