Shoulder decisions — 2022

The Board denied the Veteran's claims for increased ratings for his right shoulder disability, finding that the evidence did not support a rating in excess of 20 percent prior to January 10, 2022 and 30 percent since then.

The Board has remanded the claims of service connection for right shoulder condition, COPD, OSA, headaches, left calf muscle injury secondary to right knee osteoarthritis, and low back condition due to insufficient evidence regarding the onset and continuity of symptoms.

The Board has decided to remand the Veteran's claims for a right shoulder disability and left knee disability due to incomplete service treatment records. The missing records may contain evidence of in-service incurrence or aggravation of the disabilities.

The Veteran's claims for increased disability evaluations for left shoulder muscular strain without joint involvement, bilateral plantar fasciitis and pes planus, left ankle laxity, and right ankle laxity are being remanded due to the AOJ's failure to address the Veteran's request to reschedule VA examinations.

The Veteran's claim for a higher disability rating for painful scars was granted, with the effective date being January 31, 2022. The claims for service connection for left shin splints and increased ratings for anterior trunk scars, including scars status-post cesarian section, abdominoplasty, and bilateral breast reduction; scars of the back, left shoulder, and left elbow status-post excision; and scar of the right wrist status post excision of ganglion cyst were all granted. The claim for a compensable rating for scars status-post fibromyositis of the left ankle was denied.

The Veteran's right knee surgical scars are now rated at 20 percent effective March 11, 2021. Service connection is granted for a right ankle disability and a right shoulder disability.

The Veteran's left shoulder disability is granted as service-connected.,The Veteran's acquired psychiatric disorder, including PTSD, depression, anxiety, sleep disturbance, and alcohol use disorder, is granted as service-connected.

The Veteran's service-connected conditions do not meet the criteria for a TDIU as they do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the claims of service connection for various conditions due to incomplete or outdated medical records. The Veteran is asked to provide updated VA and private treatment records.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and remanded.,The claims of service connection for left shoulder disability and right shoulder disability have also been remanded due to new evidence received within one year of the AOJ decisions denying these conditions in 2015.,Service connection for tinnitus is denied as there is no evidence of chronic tinnitus during service or a current diagnosis attributable to service.

The Veteran withdrew his appeal regarding the initial rating and effective date for his service-connected right shoulder strain with acromioclavicular joint arthritis.

The Board denied compensation under the provisions of 38 U.S.C. § 1151 for atherosclerosis of the abdominal aorta due to VA's carelessness, negligence, or lack of proper skill in prescribing Atenolol.

The Board has denied the Veteran's claims for service connection for right shoulder and right knee disorders, finding no new and material evidence to reopen the claims.

The Veteran's right shoulder disability and obstructive sleep apnea are granted service connection. The lumbar spine disorder and asthma/rhinitis issues have been remanded for further examination and opinion.

The Board denied the Veteran's requests for earlier effective dates for service connection of his right shoulder, left elbow, and low back conditions. The earliest effective date possible is December 4, 2017.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of left shoulder disability, right knee arthritis, and left knee arthritis. The Veteran's testimony regarding his in-service injuries and continuous symptoms will be considered during the upcoming examinations.,Further examination is required to determine if the Veteran's current disabilities are related to his period of active service.

The Board has granted an effective date of January 26, 2017 for the award of a 20 percent rating for right shoulder strain. The Veteran's claim was not timely filed within one year of the February 2015 decision which initially awarded service connection and assigned a 10% disability rating.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he withdrew his appeal.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to incomplete or insufficient evidence, including missing VA treatment records and SSA disability benefits information. The Veteran is also required to undergo examinations to assess his hands, sleep apnea/asthma, and right shoulder.

The Board has determined that the Veteran's right shoulder, elbow, and arm disabilities are not service-connected as they do not meet the criteria for service connection based on continuity of symptomatology or direct evidence. The VA examiners found no link between these conditions and his active duty service.