Shoulder decisions — 2022

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability of the feet, and the claim was denied on the basis that there is no evidence of a chronic foot condition during service or since. For his anxiety disorder with TBI, the Board determined that the General Rating Formula for Mental Disorders (DC 9413) should be used, resulting in a 50% rating.

The Veteran's appeals for higher evaluations of bilateral hearing loss, allergic rhinitis, and scar from right inguinal herniorrhaphy have been dismissed. Additionally, the appeal to reopen a previously denied claim for numbness on the right side of the body has also been dismissed.

The Board has denied the Veteran's claims for service connection for a bilateral hand disorder, bilateral wrist disorder, and right shoulder disorder due to lack of evidence linking these conditions to his active-duty service.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and evaluations of her back, knee, and shoulder conditions.

The Veteran's right shoulder disability is rated at 20 percent prior to November 8, 2021, and a separate rating of 20 percent for limitation of motion from August 30, 2019. The claim for a higher rating in excess of 30 percent from November 8, 2021 is denied.

The Board has determined that additional development is necessary for the Veteran's neck and left shoulder disorder claims, including obtaining VA treatment records and scheduling a VA examination to address the etiology of these conditions.

The Board has found that the Veteran's left shoulder disability is related to his in-service motor vehicle accident and granted service connection. The diabetes mellitus type II claim was remanded for additional development, including obtaining an addendum medical opinion addressing causation and aggravation.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected right shoulder disability is being remanded due to the need for additional development, including obtaining information about the qualifications of the examiners who conducted the July and September 2021 examinations.

The Veteran's claims for increased ratings for service-connected left ankle and left shoulder disabilities have been denied as the evidence does not support a higher rating based on current functional limitations.

The Veteran's left shoulder disability is currently rated at 30 percent, but the Board has remanded for further development. The Veteran's MDD from January 9, 2009, is granted at a 70 percent rating. TDIU from March 18, 2011 to March 19, 2012 remains pending.

The Veteran's PTSD and left shoulder DJD have been denied, as well as his claim for a total disability rating based on individual unemployability. The appeals are all denied.

The Veteran's claims for left shoulder and left finger disabilities are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's combined service-connected disabilities, including PTSD with anxiety and depression, left shoulder strain, cervical strain, and other conditions, rendered him unable to secure or maintain substantially gainful employment from November 25, 2009, to February 9, 2011. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's hypertension is granted as service connected. Prostate cancer and diabetes mellitus type 2 are denied as not related to service or herbicide exposure. The left shoulder disability and sleep apnea remain under consideration.

The Board has remanded the Veteran's claims for service connection due to insufficient medical records and need for further examination.

The Veteran's bilateral hearing loss is granted service connection. The claims for left hip, shoulder, right knee, and left knee disabilities are remanded due to inadequate VA examination opinions. The claim for a rating in excess of 30 percent for the lung disability (left pneumothorax) remains pending.

The Veteran's bilateral foot disorder, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, right knee chondromalacia, left knee chondromalacia (status post surgery), right ankle degenerative changes (post-fracture), right shoulder degenerative changes, and left shoulder status post resection of the left distal clavicle are all granted. Headaches and sinusitis also received initial rating grants.

The Veteran's initial claim for left shoulder tendonitis was granted with a 10% rating effective June 22, 2010. The rating was increased to 20% effective April 14, 2014. For IVDS of the lumbar spine, an initial 20% rating is granted for the period prior to April 14, 2014 and a separate 20% rating is granted for right lower extremity radiculopathy from April 14, 2014. The Veteran's claim for bilateral lower extremity radiculopathy remains in appellate status.

The Board denied the Veteran's claim for total disability based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is capable of performing substantially gainful employment despite some limitations from his back and shoulder conditions.

The Board has remanded the cases for further development to obtain adequate medical opinions addressing theories of direct and secondary service connection.