Shoulder decisions — 2022

The Veteran's eligibility for benefits under the PCAFC is remanded due to a legal error in the initial decision, specifically related to the interpretation of 'need for supervision, protection or instruction' as defined by 38 C.F.R. § 71.15.

The appeal is dismissed as the September 2022 Statement of the Case renders moot the issue regarding the timeliness of VA Form 21-0958, Notice of Disagreement received on July 18, 2019 challenging a July 18, 2018 decision which denied reopening previously-denied claims for service connection.

The Veteran's service connection claims for right shoulder disorder and left ankle disorder have been granted.,Service connection has also been denied for the remaining issues: bilateral eyesight loss, bilateral hearing loss, burn scar on the left side of the neck, and a back disorder.

The Board has found that further development is needed for the Veteran's claims of service connection for bilateral hearing loss and right shoulder disabilities due to additional evidence submitted since the last statement of the case. The claims are being remanded for a new VA examination and medical opinion.

The Board has remanded the cases of an initial rating in excess of 20 percent for a right shoulder disability and an initial compensable rating for a right shoulder scar due to lack of information on range of motion during flare-ups, as well as the need for another scar examination.

The Board has granted service connection for right shoulder impingement syndrome, cervical spondylosis, left knee strain, and right knee strain.,Further issues of service connection for a thoracolumbar disability (to include thoracic scoliosis) are remanded.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's issue of entitlement to service connection for a right shoulder disability. The case is REMANDED.

The Board has determined that additional development is needed to determine the current severity and manifestations of the Veteran's service-connected PTSD with Depressed Mood, as well as the nature and etiology of any right and left knee disorders, bilateral hearing loss, headaches, and arm, elbow, and hand disorders. The claims are being remanded for these purposes.

The Board has dismissed the appeals for various conditions and issues, including colitis, left varicocele, bowel incontinence, shoulder disability, knee disability, GERD, and right leg disability. Service connection for radiculopathy of the left lower extremity is granted as secondary to service-connected low back disability.

The Board has determined that the Veteran's left knee, lumbar spine, cervical spine, and right shoulder disorders are not causally or etiologically related to any disease, injury, or incident during service.

The Veteran's claim for an earlier effective date for the initial grant of service connection for depressive disorder was denied as no earlier claims or intent to file a claim were presented.,The Veteran's claim for an earlier effective date for his right shoulder disability rating was also denied, as there is no evidence of an increase in severity within one year prior to the filing of the claim.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right eyebrow cysts and left shoulder scar are related to his service-connected conditions or herbicide exposure.

The Veteran's appeal for a higher rating for impingement syndrome of the left shoulder with slap tear and degenerative arthritis is dismissed. The right shoulder and right ankle conditions are granted service connection, but further examination is needed for other claimed disabilities.

The Veteran's claims of service connection for various conditions have been reopened, and the Board has found new and material evidence to support reopening. Service connection is granted for tinnitus.

The Veteran's left shoulder, back, migraine and tension headaches, cervical strain, and bilateral carpal tunnel syndrome have been granted service connection.,Further evaluations are needed for the Veteran's claimed bilateral arm disability other than carpal tunnel syndrome (including arthritis) and bilateral hip disability (including arthritis), as well as an initial rating higher than 20 percent for right shoulder A/C separation.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a right shoulder disorder, and a bilateral knee disorder as there is no competent evidence of current disabilities or their onset in service.,The Veteran was not granted any increased rating for PTSD.

The Veteran's uterine fibroids and headaches have been granted ratings, while the umbilical hernia and right shoulder rotator cuff tear remain under review.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD and credible evidence shows that the claimed in-service stressor actually occurred, linking his current symptoms to his in-service stressor.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he has worked in a sedentary position for several decades.

Your petition to reopen the claim of service connection for chronic pain, bilateral elbows has been granted.,The petition to reopen your claims for service connection for chronic pain, bilateral knees and chronic pain, bilateral hips have been granted.