Shoulder decisions — 2022

The Veteran's appeal for increased ratings and service connection has been addressed. The decision on the hearing loss rating is pending as new evidence may warrant a higher rating.

The Veteran is granted a TDIU and SMC based on housebound status from April 15, 2015 due to service-connected mental disorders and additional disabilities independently rated at 60% or more.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 for right shoulder impingement syndrome were previously denied, but new evidence was submitted that did not raise a reasonable possibility of substantiating the claims. The claim for an effective date earlier than January 27, 2010, for obstructive sleep apnea with bronchitis has been withdrawn. The Veteran's TDIU and increased rating for obstructive sleep apnea with bronchitis have been remanded.

The Board has remanded the cases for further development and examination to determine if there is a relationship between the Veteran's current disabilities and his military service.

The Board has determined that there was not substantial compliance with its previous remand instructions and the claims are being returned for further development.

The Veteran's claim for an increased rating for his right shoulder disability, which was previously rated at 30 percent, is denied as the evidence does not show that he has symptoms warranting a higher rating.

The Veteran's claim for service connection for an acquired psychiatric disability, to include depression as secondary to his service-connected disabilities, has been granted. The Veteran is also granted a rating in excess of 20 percent prior to July 25, 2017 and in excess of 30 percent from July 25, 2017 and thereafter for a cervical spine disability.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate examinations, and requests for additional information from the Veteran.

The Board has remanded several issues, including service connection for various conditions and hypertension. The Veteran's claims are being reviewed to determine if he currently has these conditions or if they are related to his military service.

The Board denied service connection for degenerative joint disease of the right shoulder, residual of right shoulder contusion. The appeal was dismissed for PTSD and remanded for further evaluation on issues including left arm disability, COPD, and headaches.

The Veteran's appeals for service connection for sleep disturbance, bilateral hearing loss, bilateral flat feet, left and right shin splints, left and right shoulder disabilities, and migraine headaches have been withdrawn.,The Veteran's appeals for reopening of service connection for a neck disability, left knee disability, and right knee disability have been withdrawn.

The Veteran's claim for service connection for a right shoulder disability has been reopened, but the Board has decided to remand the case due to insufficient evidence regarding the etiology of his current condition.

The Board has remanded the Veteran's claims for service connection for left shoulder, left knee, and right knee disabilities due to a lack of VA examinations addressing the nature and etiology of these conditions.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's service-connected left shoulder disability and whether secondary service connection is warranted for right hip bursitis. The Veteran was granted an initial increased rating for his left shoulder disability from July 15, 2011, until November 7, 2019.

The Veteran's right shoulder disability, which is manifested by chronic residuals of weakness and severe painful motion, has been rated at 60 percent since July 1, 2021. The Board denied a higher rating as the evidence does not support such.

The Veteran's service connection claim for headaches, as residual of a TBI, is granted. The left shoulder disability is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied the Veteran's claim for TDIU benefits prior to December 9, 2016, finding that his service-connected disabilities did not prevent him from securing and following a substantially gainful occupation.

The Veteran is granted a schedular TDIU effective July 18, 2016. The Board also referred the claim to the Director for extraschedular consideration prior to that date.

The Board denied compensation for additional disabilities of the bilateral shoulders as there was no credible evidence showing that the Veteran's shoulder pain was caused by VA medical care during an MRI in April 2010.

The Board has granted service connection for the Veteran's left shoulder impingement syndrome, finding that it began during his military service.