Shoulder decisions — 2022

The Board has remanded the case due to a duty to assist error and the need for an addendum VA medical opinion regarding the nature and etiology of the Veteran's left shoulder disability.

The Board has withdrawn the Veteran's appeals regarding timeliness of a submission of a Notice of Disagreement for an earlier effective date for fracture of the right hand, 5th metacarpal and an earlier effective date prior to March 15, 2017 for service connection of PTSD. The claims for service connection for back disability, obstructive sleep apnea (OSA) due to PTSD, right wrist disability, bilateral hearing loss, and tinnitus are all remanded.

The Veteran's service-connected disabilities are rated at 100%, combined. He does not meet the criteria for special monthly compensation (SMC) at the 's' rate, and his TDIU claim is dismissed as moot.

The Veteran's appeals for service connection and increased ratings have been dismissed as he has withdrawn his appeal, indicating satisfaction with his current award.

The Board has granted service connection for a degenerative disc disease and spondylosis of the lumbar spine, finding that it first manifested during active duty. Service connection was denied for a left shoulder disability due to lack of current diagnosis.

The Board has denied the Veteran's claims for service connection for a right shoulder disability and gun-shot wound residuals as aggravated by and secondary to his service-connected lumbar spine disability, finding that there is no evidence linking these conditions to his military service.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, warranting a TDIU for the appeal period prior to April 1, 2021.

The Board has remanded the issues of service connection for a right knee disability and rating in excess of 20 percent prior to January 26, 2022 for left shoulder disability. The Veteran's skin condition is denied as less likely than not related to his period of service. His left shoulder disability is granted at 30 percent from January 26, 2022 and thereafter.

The Board denied service connection for the Veteran's left tibial stress fracture, right shoulder disability, and chronic seizure disorder due to failure to report for necessary VA examinations without good cause.

The Board has remanded the service connection claims for low back, left shoulder, right knee, and left knee disabilities due to secondary service connection. The TDIU claim is also remanded as it is inextricably intertwined with these issues.

The Board has remanded the cases for further development and consideration. The Veteran's claims of service connection for left knee, right shoulder, and bilateral carpal tunnel syndrome disabilities are being reconsidered.

The Board has decided to remand the Veteran's claim for an increased rating of her right shoulder injury due to lack of adequate notice and contact with the Veteran regarding scheduled VA examinations.

The Veteran's appeals for an earlier effective date and the propriety of a reduction in disability ratings have been dismissed due to his withdrawal of these issues.

The Board denied the Veteran's claims for service connection for right knee disability, left ankle disability, and left shoulder disability. The Board found that there was no evidence of chronicity or continuity of symptomatology after service.,The Board also denied the Veteran's claim for service connection for a left shoulder scar as it is considered a residual from his non-service-connected left shoulder rotator cuff repair surgery.

The Board has decided to remand the Veteran's claim for service connection of a right shoulder condition due to inadequate development and lack of adequate medical opinion.

The Board denied the Veteran's claim for service connection for a right shoulder disorder, finding that there is no evidence of chronic symptoms or a nexus to service.

The Board has remanded the claims for increased ratings due to failure to comply with prior remand directives and issues related to VA examinations. The Veteran's service-connected disabilities include L4-L5 space narrowing degenerative arthritis, radiculopathy of the bilateral lower extremities, traumatic arthritis of the right shoulder based on limited range of motion, left knee disability based on limitation of motion, right ankle disability, and left ankle disability.

The Veteran's bilateral pes planus is rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right shoulder disability from March 13, 2017 onward is rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the Veteran's claim for a TDIU due to his service-connected disabilities, including left shoulder disability and unspecified depressive disorder. The case is being returned for further development and an updated examination.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to September 6, 2017.