Shoulder decisions — 2022

The Board has determined that the reduction of the Veteran's left shoulder disability rating from 30 percent to 20 percent was improper and is void ab initio. The criteria for an increased evaluation in excess of 20 percent prior to July 21, 2010 have not been met or approximated. For the period from July 21, 2010 forward, the criteria for an increased evaluation in excess of 30 percent have also not been met or approximated.

The Veteran's claims for depression, left shoulder disorder, left arm disorder, and cervical spine disorder were reopened due to the submission of new and material evidence. However, service connection was denied as there is no current diagnosis or link between these conditions and his military service.

The Board has denied the Veteran's claims for service connection for right shoulder and right knee conditions, finding that there is no evidence of a nexus between his current disabilities and his active military service.

The Veteran's right shoulder condition is granted as secondary to his service-connected left shoulder condition.

The Board has identified several issues related to the Veteran's service connection claims and remands them for further development. The Veteran is not seeking a rating increase or reopening of his hearing loss claim, but rather requests that his case be reviewed by the AOJ with the additional evidence.

The Veteran's service-connected disabilities rendered him unable to secure and maintain a substantially gainful occupation from June 24, 2014. The Board granted a TDIU rating effective from that date.

The Board has dismissed the appeals regarding service connection for various conditions and initial disability ratings, as the Veteran withdrew his appeal in its entirety prior to a decision being made.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations to determine the etiology of his claimed conditions, as well as the current severity of his left elbow disabilities and major depressive disorder.

The Board has granted service connection for right deltoid tendinitis, left shoulder impingement syndrome and labral tear, patellofemoral syndrome of the right knee, patellofemoral syndrome of the left knee, and arthritis of the lumbar spine. The remaining issues are remanded.

The Veteran's initial ratings for his cervical spine, left shoulder, and bilateral knee disabilities have been granted. However, the case has been remanded for further evaluation of additional issues.

The Veteran's claims for increased ratings and service connection have been remanded. The left shoulder disability claim is reopened, but the lumbar spine sprain with degenerative joint disease and intervertebral disc syndrome, left lower extremity radiculopathy (claimed as left hip disability), right knee instability, left knee flexion limitation, adjustment disorder with mixed anxiety and depressed mood, and migraine headaches claims are remanded for further development.

The Board has dismissed all the issues related to increased disability ratings for various spinal and arm conditions as well as a total disability rating based on individual unemployability due to the Veteran's death.

The Veteran's sleep apnea and degenerative joint disease of the upper and lower back have been granted service connection. The Board has also remanded for further examination to determine the nature and etiology of hypertension, degenerative joint disease of the arms, elbows, wrists, shoulders, neck, and a heart condition.

The Veteran's lumbar spine degenerative joint disease with right lower extremity radiculopathy is granted service connection. The Board has remanded the issues of secondary service connection for a right shoulder disability and right hip disability.

The Board has determined that the Veteran's recurrent right shoulder injury residuals are service-connected, finding that they originated during active service.

The Board has remanded the case due to inadequate examination reports and failure to provide a statement of reasons or bases for the denial of a higher rating. The Veteran's right shoulder disability is being remanded for further evaluation, including an assessment of functional loss during flare-ups.

The Veteran withdrew his appeal regarding the claims of service connection for lupus panniculitis, sensitivity to cold, head scar, and two right shoulder scars. As a result, the Board dismissed these claims.

The Veteran's claim for service connection for hypertension has been reopened, and he is now entitled to a disability rating of 70 percent for major depressive disorder.,His right hip, shoulder, elbow, hand, and left foot plantar fasciitis conditions are remanded for further examination and opinion.

The Board has remanded the cases for further development due to new theories of entitlement raised by the Veteran's representative and in a brief. The issues include service connection for left shoulder, thigh, and lumbar spine disorders.

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and etiology of the claimed disabilities, particularly PTSD and respiratory issues.