Shoulder decisions — 2021

The Board has remanded the claims for service connection due to insufficient development and consideration of the Veteran's statements regarding his in-service injuries. The issues are now pending for further review.

The Veteran's right shoulder disability was granted a rating of 40 percent effective August 22, 2019. The previous period from April 28, 2017 to August 21, 2019 had a rating of 20 percent.

The Veteran's claims for service connection are granted for left ear hearing loss, headaches secondary to PTSD, GERD with Barrett's esophagus, and a deviated septum. The claim for right ear hearing loss is denied. Service connection is also granted for a left shoulder disability and asthma. Other issues remain pending.

The Board has denied service connection for lumbar spine degenerative arthritis, bilateral hip osteoarthritis, and right shoulder osteoarthritis as the evidence does not support a nexus to service.

The Veteran's right shoulder tendonitis and neck strain with arthritis have not been rated higher than the current 20% disability ratings.,For PVCs, the Veteran has had a range of ratings from noncompensable to 30%, but her condition does not meet criteria for a higher rating.

The Board has remanded the issues of service connection for sleep apnea and entitlement to TDIU prior to August 15, 2013. The Veteran's employment at ML was not considered marginal or in a protected environment, and his gross earnings exceeded the poverty threshold.

The Board denied service connection for headaches, finding no evidence of a current disability related to service.,The Board remanded the issues of service connection for right knee and back disabilities due to insufficient medical opinions.

The Veteran's service-connected right hip and shoulder disabilities are found to be as likely as not preventing him from securing or following a substantially gainful occupation prior to July 2, 2012. Therefore, the claim for an extraschedular TDIU is granted.

The Veteran's left shoulder strain, lumbar strain, and chondromalacia of patella in both knees were granted service connection as they began during active service.,The Veteran's initial rating for left shin paresthesia was granted at a 10 percent level.

The Veteran's initial disability rating for his service-connected right shoulder degenerative joint disease was increased to 30 percent, effective June 26, 2009. The case is now remanded due to the need for a VA examination and further development.

The Veteran's claim for an increased rating in excess of 20 percent for left shoulder degenerative arthritis is remanded due to the failure to schedule a VA examination and potential lack of proper notification.

The Board has remanded the Veteran's claims due to the need for additional VA and non-VA treatment records, as well as a VA examination to assess the current severity of his service-connected disabilities.

The Board has reopened the claim of service connection for a left elbow condition due to new and material evidence. The claims for service connection for right shoulder and left shoulder conditions are remanded as additional development is needed.

The Board has denied the Veteran's claim for service connection for GVHD as secondary to his service-connected NHL, but granted a TDIU based on his service-connected disabilities.

The Board has remanded the claims of service connection for left and right shoulder disabilities due to incomplete compliance with previous remand directives.

The Board has determined that the VA medical opinions obtained on remand are inadequate and requires further examination or opinion to address the Veteran's claimed disabilities, their onset during service, and any relationship to his service. The case is therefore being remanded for these purposes.

The Board denied the Veteran's claim for service connection for a right shoulder disorder, finding that there was no evidence of in-service injury or disease related to the condition and that any current symptoms were more likely due to normal aging factors. The Board also found that the right shoulder disorder was not caused by or aggravated by his service-connected disabilities.

The Board has remanded the claims for bilateral shoulder disability, lumbar spine disability, and psychiatric disorder due to inadequate VA examinations from 2013. The Veteran's service records do not show any specific diagnoses related to these conditions during service, but he alleges they developed in service or are related to his military duties.

The Board denied a rating in excess of 40 percent for the Veteran's right shoulder disability, including prior to September 23, 2020. The evidence did not show functional limitation to midway between side and shoulder level or worse.

The Veteran's TDIU claim is denied as he does not meet the criteria for a schedular or extra-schedular TDIU rating due to his service-connected disabilities alone.