Shoulder decisions — 2022

The Board has denied a compensable initial disability rating for left ear hearing loss and remanded the issues of service connection for memory loss disorder, sleep disorder (including sleep apnea), eye disorder, thyroid disorder, and left shoulder disorder. The appeal is now pending again with the AOJ.

The Board has remanded the claims for service connection for low back and left shoulder disabilities due to insufficient medical rationale in previous opinions. New VA opinions are needed regarding whether these conditions had onset during service or are related to an in-service injury.

The Board has decided to remand the Veteran's claims for bilateral hearing loss, tinnitus, and right shoulder condition due to inadequate opinions in the previous VA examination.

The Veteran's OSA, headaches, and right ankle fracture residuals are granted service connection as they are related to his service-connected acquired psychiatric disorder. The issues of left shoulder condition and right shoulder condition are remanded for further review.

The Board has granted service connection for PTSD. The claims of entitlement to service connection for bilateral hearing loss, right shoulder disability, and residuals of a great left toe fracture have been dismissed as the appellant withdrew these claims during the appeal process.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities, as well as bilateral shoulder disabilities. The AOJ is instructed to obtain all relevant medical records from Brooke Army Medical Center and provide addendum opinions addressing the nature and etiology of these conditions.

The Veteran's appeal for higher ratings and service connection for various conditions has been dismissed due to withdrawal. The issue of service connection for degenerative disc disease, cervical spine, is remanded.

The Board has remanded the Veteran's claims for lumbar spine disability, cervical spine disability, left shoulder disability, and non-ischemic cardiomyopathy due to inadequate VA medical opinions in previous decisions. The Veteran is required to provide additional addendum VA medical opinions that consider his lay statements regarding symptoms and continuity of symptomatology.

The Veteran's claims for increased ratings for his left knee and right shoulder disabilities, as well as the claim for a TDIU, are being remanded due to the need for additional development.,Specifically, the Veteran needs to be scheduled for VA examinations to assess the current severity of his service-connected conditions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment.

The Veteran's petition to reopen his claim for service connection for left shoulder disorder with carpal tunnel syndrome is granted. The Board has also remanded the issues of service connection for sleep apnea, right knee disorder, left knee disorder, and hypertension due to insufficient evidence.

The Board has determined that the November 2017 VA examination is inadequate for adjudication purposes and remands the case to obtain a retrospective medical opinion concerning the additional degrees of limited motion of the right shoulder experienced during flareups and on repetitive use at the time of the November 2017 VA examination.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for regular aid and attendance or housebound status.

The Veteran's appeal for an increased rating in excess of 20 percent for his right shoulder disability was denied. The Board also found that the issue of entitlement to a Total Disability Rating due to Unemployability (TDIU) prior to December 5, 2016 is moot.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete examinations, missing records, and inextricably intertwined issues. The Veteran will need new examinations for his left knee, cervical spine, left shoulder, and bilateral radiculopathy of the upper extremities.

The Veteran's skin disability, left shoulder strain, and lumbar strain claims have been denied. The Board found no current evidence of a skin disability or any recurrent symptoms related to the service-connected conditions. For the increased rating claims, the Board determined that there was not enough evidence to support an increase in ratings for the left shoulder and lumbar strains.

The Veteran's tension headaches are rated at 30% prior to November 13, 2021. From that date forward, a higher rating is denied. The Board has also remanded the issue of service connection for a left shoulder disability.

The Board has remanded the case for a VA examiner to provide an opinion regarding whether the Veteran's right shoulder disability, including rotator cuff tear and arthritis, is related to service or his service-connected left knee disability. The claim for service connection for the left shoulder disability remains denied.

The Board has remanded the claims for increased ratings for bilateral shoulder and knee disabilities due to incomplete development of evidence.

The Board has remanded the case due to concerns about the competency of VA examiners and a need for a new medical opinion regarding the relationship between the Veteran's right arm disabilities and service.