Shoulder decisions — 2022

The Board has dismissed the Veteran's claims for initial ratings in excess of 20 percent for a left shoulder disability and 40 percent for lumbar strain myositis (lower back disability), to include on an extraschedular basis, as these issues are now part of the modernized review system.

The Board has denied service connection for right and left shoulder disorders, as well as right and left eye disorders due to lack of evidence linking these conditions to active service.

The Veteran's PTSD is rated at 70 percent since August 1, 2012. From January 29, 2020, the Veteran is granted a TDIU based on his service-connected disabilities.

The Board has decided to remand the service connection claims for bilateral hearing loss, right ankle injury, right shoulder injury, and low back injury due to potential outstanding service treatment records. The psychiatric disability claim is also remanded for a new VA examination.

The Board has denied the Veteran's claims for service connection for lower back disorder and left shoulder disorder, finding that there is no evidence to support a direct or secondary relationship between these conditions and his military service.

The Board has granted service connection for a back condition, a left shoulder condition, and an increased rating for right lower extremity radiculopathy. The claim for service connection for left lower extremity radiculopathy was withdrawn by the Veteran.

The Veteran's left shoulder condition is rated at a 30 percent rating effective August 27, 2019. The claim for TDIU was denied.

The Veteran's service-connected disabilities, including PTSD, cervical spine disorder, left shoulder and radiculopathy, rhinitis, deviated septum and sinusitis, have prevented him from securing or maintaining substantially gainful employment since January 1, 2013. The Board has granted an earlier effective date of January 1, 2013 for the TDIU.

The Board has determined that the Veteran does not have a current kidney disorder, and his claims for hyperthyroidism (Graves' Disease), eye disorder, GERD, right shoulder disability, bilateral hearing loss, and lumbar spine disability are remanded due to incomplete medical records and need further examination.

The Veteran's service-connected right shoulder strain and right knee disability have not been shown to preclude him from obtaining or maintaining substantially gainful employment prior to June 27, 2016.

The Board has remanded the Veteran's claims for service connection and a higher initial rating for his left shoulder disability, cervical spinal stenosis and fusion, lumbar spine disability, right knee disability, left knee disability, and right shoulder disability. The issues are inextricably intertwined with the TDIU claim.

The Veteran's claims for service connection for a left shoulder disability and herpes have been remanded due to the need for further medical development.

The Board has determined that additional development is needed in the cases of bilateral knee disorder and left shoulder disorder, as well as tinnitus. The AOJ must issue a SOC for the issue of entitlement to service connection for bilateral hearing loss and request any outstanding records from the Veteran and VA. A VA examination is required to determine the etiology of the Veteran's bilateral knee disorder and left shoulder disorder.

The Veteran's claims for increased ratings for various service-connected disabilities have been denied. The Board found that the evidence did not support a higher evaluation for any of the conditions.

The Veteran's appeal of the initial ratings assigned for her service-connected disabilities is remanded due to incomplete private treatment records and a need for an updated examination under the new Diagnostic Code 5269.,The Veteran's appeal regarding earlier effective dates for her service-connected disabilities is granted.

The Board has remanded the Veteran's claims for higher ratings for his service-connected adhesive capsulitis of both shoulders due to inadequate examination results.

The Veteran's irritable bowel syndrome is granted a 30% disability rating. Service connection for fibromyalgia, chronic fatigue syndrome, sleep apnea, and migraines are denied.

The Veteran's appeal for a higher rating for his left shoulder and right ankle disabilities has been denied. The Board found that the evidence did not support ratings in excess of 20 percent for these conditions.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's right shoulder disability is related to his military service. The claim will be reviewed again with a new VA examination and opinion.

The Board denied service connection for anxiety and depression (now claimed as PTSD), right wrist disability, left wrist disability, left shoulder rotator cuff tendonitis with glenohumeral and acromioclavicular joint osteoarthritis, and degenerative arthritis and disc disease of the lumbar spine.