Shoulder decisions — 2022

The Board has determined that new and material evidence has been received to reopen the claims for service connection for an acquired psychiatric disability. The right shoulder disability and acquired psychiatric disorder issues are remanded due to lack of a VA examination, while the special monthly pension issue is inextricably intertwined with these other issues.

The Veteran's service connection claims for thymoma, bilateral shoulder arthritis, and chronic fatigue syndrome are granted due to the PACT Act presumption of exposure to environmental hazards. The Veteran is assigned a total disability rating based on individual unemployability.

The Veteran's left shoulder impingement syndrome and degenerative arthritis, as well as his incisional hernia secondary to residuals of colon cancer, are granted. The Veteran's residuals of colon cancer (to include status post partial colectomy) are also granted.

The Veteran's claims for service connection have been reopened and granted. The Board has determined that the Veteran's right knee, left knee, low back, acquired psychiatric disorder (e.g., PTSD, Anxiety, Depression), GERD, hemorrhoids, hypertension, left ankle, right ankle, left elbow, left shoulder, left wrist, right wrist, and sciatic nerve disorders affecting both lower extremities are all service-connected.

The Board has remanded the cases due to outstanding VA and private treatment records that need to be obtained for proper evaluation of the Veteran's shoulder disabilities.

The Veteran's appeal of TDIU is dismissed. The Board also remanded the issue of SMC based on need for aid and attendance or on account of being housebound, due to additional development needed.

The appeals for service connection of bilateral hearing loss, tinnitus, chronic right groin problems, right big toe frostbite, left foot gout, left shoulder degenerative arthritis, sleep apnea, tension headaches, and lumbar spine arthritis have been dismissed. The appeals for service connection of left knee disorder and right knee disorder are remanded.

The Veteran's left shoulder disability is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code (DC) 5201 for limitation of motion. The evidence does not support a higher rating as flexion and abduction are both measured from zero to 120 degrees in the August 2019 VA examination.,The Veteran's left knee disability is currently rated at 10 percent, which is also the maximum schedular rating available under DC 5259 for symptomatic removal of semilunar cartilage. The evidence does not support a higher rating.

The Veteran's left shoulder DJD and strain are granted service connection, while the claims for right foot arthritis and gout are remanded due to lack of substantial compliance with previous remand instructions.

The Board has determined that the Veteran's left shoulder disability, characterized by recurrent dislocation and instability, warrants a 20 percent rating under Diagnostic Code 5202. The condition is not rated higher due to lack of fibrous union, nonunion, or loss of head of the humerus.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The appeals are granted in part.

The Veteran's claim for a higher rating for his left shoulder disability is being remanded due to the need for additional examination and opinion regarding flare-ups.

The Board has determined that the Veteran's left shoulder posttraumatic arthritis is related to his service, and thus grants entitlement to service connection for this condition.

The Board has reopened the Veteran's claims for service connection for sleep apnea, hypertension, cerebrovascular accident, a heart disability (coronary artery disease and valvular heart disease), an acquired psychiatric disability (major depressive disorder with psychosis), and right and left shoulder disabilities. The cases are remanded for further development.

The Veteran withdrew his appeals for the claims of neck, right shoulder, left thumb, and middle finger laceration disorders. The low back disorder claim was also dismissed.,The Veteran's hearing loss disability is not service-connected.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU or DEA prior to April 21, 2015. The Board denied his claims as he did not have two or more service-connected disabilities with one disability rated at 40 percent or higher and his combined rating being 70 percent or higher.

The Board denied service connection for bilateral hearing loss, tinnitus, left inguinal hernia with hernia repair, low back strain, and right shoulder injury as the evidence did not support a nexus to service.

The Board has determined that the Veteran's right knee meniscal tear and osteoarthritis of other joints, including neck, shoulders, left hip, hands, and feet, are related to his service-connected conditions. The claims for these conditions have been remanded due to a duty-to-assist error.

The Board has remanded the claims for service connection due to inadequate examination reports and further development is required.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and to attempt verification of his deployment in the DMZ. The issues include sleep apnea, heart condition, right hip disability, bilateral knee conditions, acquired psychiatric disorder, low back condition, left shoulder condition, and right shoulder condition.