Shoulder decisions — 2022

The Veteran's claims for earlier effective dates for service connection and TDIU are being remanded due to the possibility of missing original claims filed at the time of his discharge in September 1992.

The Veteran's claims for bilateral hearing loss and gastroesophageal reflux disease (GERD) have been denied as there is no evidence of current disabilities or in-service incurrence. The Board finds that the Veteran does not have a current diagnosis of bilateral hearing loss for VA purposes, nor has he had such through the appeal period.,The Veteran's claim for GERD was also denied due to lack of service connection and insufficient evidence linking his current condition to service.

The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate development in the previous VA examination.

The Board denied the Veteran's claim for service connection for a left shoulder disorder, finding that there was no evidence of chronic disability related to his military service.

The Board has remanded the Veteran's claims for initial disability ratings for right shoulder injury residuals due to inadequate compliance with prior Board remand directives. The VA examiner is required to provide retrospective opinions on the severity of the Veteran's service-connected right shoulder injury residuals throughout the appeal period, including range of motion measurements and functional impairment during flare-ups or after repeated use over time.

The Board has granted the Veteran's claims of service connection for right shoulder, elbow, hip, and back disorders. The issues related to entitlement to a total disability rating based on individual unemployability (TDIU) are remanded due to their inextricably intertwined nature with these grants.

The Board has remanded the case due to inadequate medical examination and the need for additional testing on the Veteran's right shoulder disability, including during flare-ups.

The Board has remanded the claims for left and right knee disabilities to determine if they are secondary to a service-connected disability.,The Veteran's claim of service connection for left shoulder bursitis is denied as there is no evidence linking it to his active duty.

The Board has remanded the case for further consideration, including referral to the Director of Compensation and Pension Service for extraschedular TDIU evaluation.

The Veteran's claims for service connection of left and right shoulder disabilities, as well as his claim for an initial rating in excess of 10 percent for a right knee disability are all granted. The issue of service connection for the Veteran's left knee disability is remanded.

The DIC benefits claim is denied as the Veteran did not meet the criteria for receiving such benefits. The cause of death claim is remanded due to insufficient evidence regarding the relationship between the Veteran's service-connected PTSD and his death.

The Board has determined that a remand is necessary due to the inadequacy of the September and November 2021 VA examination reports, which were authored by different physicians. The Veteran's bilateral shoulder disabilities need to be re-evaluated with an appropriate clinician who must test for active motion, passive motion, pain with weight-bearing and without weight-bearing, and provide a retrospective opinion as to the range of motion prior to March 7, 2017.

The Board dismissed the claims of service connection for right and left shoulder disabilities as the Veteran did not appeal the October 2020 decision denying the right shoulder disability claim, and a February 2021 rating decision granted the left shoulder disability.

The Board has remanded the cases for further development due to inadequate VA examinations and missing service records. The Veteran's bilateral shoulder strains and OSA are being reviewed again to determine if they are related to his military service.

The Board has remanded the issues of entitlement to service connection for left shoulder condition, left knee condition, and skin disorder (including contact dermatitis) due to the need for additional examinations and opinions.

The Board has determined that the VA examinations and opinions are inadequate, and thus remanded for further development.

The Board has remanded the Veteran's claims for service connection for left and right shoulder disorders, as well as sleep apnea. The claims are being returned to VA for further development including obtaining medical opinions.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional medical opinions are needed to determine the etiology of his left shoulder disorder, lumbar spine disorder, right wrist disorder, and bilateral hearing loss.

The Board has remanded the claims for additional medical inquiry due to significant worsening of the Veteran's left shoulder and back disabilities since their last examinations in November 2018. The Veteran is required to undergo a current examination to assess the severity of his disabilities.

The Veteran's claims for right shoulder impingement syndrome, acromioclavicular joint separation, and surgical scars associated with the condition were granted effective July 21, 1997. The Board found that new VA treatment records submitted within one year of a previous denial constituted new and material evidence.