Shoulder decisions — 2022

The Board has determined that a new VA examination is needed to assess the current severity of the Veteran's service-connected left and right shoulder disabilities due to increased symptoms since the last examination. The Veteran will be provided an opportunity for a supplemental statement of the case if his claims are not granted.

The Veteran's appeal for increased ratings for his right shoulder and knee conditions has been REMANDED due to the need for additional examinations. The issues of rating in excess of 20 percent for right shoulder osteoarthritis, recurrent dislocation, right knee chondromalacia patella, and left knee chondromalacia patella are still pending.

The Veteran's left shoulder and upper arm disability is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's right leg and ankle disability is rated at 10 percent, which also does not meet the criteria for a higher rating.

The Veteran's initial claim for a compensable rating for his left shoulder scar was denied, and the Board found that there is no evidence of deep or nonlinear scars meeting the criteria for a compensable rating. The Veteran also received a TDIU due to service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Veteran's right shoulder disability has not been manifested by motion limited to 45 degrees or less, ankylosis, malunion of the humerus with marked deformity, recurrent dislocation at the scapulohumeral joint, fibrous union, false flail joint, or flail shoulder. Therefore, a higher rating for his right shoulder disability is not warranted.

The Veteran's claim for service connection for a right shoulder disability is being remanded due to the need for new and material evidence. The case will be readjudicated after obtaining additional medical opinions and potentially locating outstanding VA treatment records.

The Board has decided to remand the cases of service connection for a back disability, neck disability, and right shoulder disability due to the need for additional development. The TDIU claim is also remanded as it is inextricably intertwined with the service connection claims.

The Board has granted service connection for the Veteran's right shoulder condition, left shoulder condition, cervical spine condition, and lumbosacral strain condition. Secondary service connection is also granted for bilateral lower extremity radiculopathy and right upper extremity radiculopathy.

The Board granted service connection for a left shoulder disability effective February 28, 2003, based on new STRs showing recurrent dislocations in service and post-service treatment records.

The Board denied the Veteran's claim for service connection for a left shoulder disability as secondary to her service-connected bilateral knee disabilities, finding that there is no evidence of a current left shoulder disability separate from her service-connected cervical and thoracolumbar spine conditions.

The Veteran's claims for service connection for thoracic spine, right shoulder, and left shoulder disabilities were denied. His claim for a rating in excess of 10% for hypertension was also denied. The Veteran's bilateral hearing loss and tinnitus have been granted service connection.

The Veteran's service-connected conditions prior to June 23, 2015 did not meet the schedular requirements for a TDIU. However, due to his unemployability and chronic back pain, the Board finds that referral to the Director of Compensation Service is warranted on an extra-schedular basis.

The Board has denied the Veteran's claims for service connection for hypertension, diabetes mellitus, left shoulder disability, and right shoulder disability due to lack of evidence linking these conditions to his military service.

The Veteran's TDIU claim is granted effective May 1, 2015. The Board has also remanded the issues of service connection for cervical spine disability and rating higher than 40 percent for nerve impairment associated with right shoulder impingement syndrome.

The Veteran's initial 20 percent rating for a left shoulder condition has been granted, and the issue of an increased rating is remanded.

The Board has remanded the cases due to insufficient evidence regarding the etiology of the Veteran's hypertension, lower back disability, neck disability, and right shoulder disability. The claims are being returned for further development.

The Veteran's left foot DJD and calcaneal spur, right ankle DJD status-post malleolus avulsion fracture, right knee DJD, and left knee DJD have been granted initial ratings of 20 percent since April 1, 2011. The Veteran's mild incomplete paralysis of the left (minor) upper radicular group nerves has also been granted a rating of 20 percent.

The Board has remanded the case due to inadequate examination and further development is required.

All claims of increased rating and effective date have been dismissed as the Veteran withdrew his appeal in May 2022.

The Board has granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities, as his combination of disabilities prevents him from securing or following substantially gainful employment.