Shoulder decisions — 2022

The Veteran's right shoulder disability was denied a rating in excess of 20 percent prior to February 27, 2015 and from February 27, 2015 to September 26, 2018. The claim for an increased rating after February 27, 2015 is also denied.

The Board has found that the Veteran's service records are incomplete and has ordered VA to obtain his treatment records from 1952 onwards. The claims for service connection remain pending as a result of this remand.

The Board has granted the claim for service connection for right shoulder degenerative joint disease and impingement syndrome, finding that the Veteran's current disability is at least as likely as not related to his in-service injury.

The Veteran's service-connected disabilities, including a left shoulder disability, low back disability, chronic fatigue syndrome, and cardiomyopathy and postural orthostatic tachycardia syndrome, render him unemployable. However, the current rating schedule does not meet the criteria for TDIU due to his service-connected disabilities. The case is being remanded for further consideration under 38 C.F.R. § 4.16(b) as he may be eligible for a total disability rating based on individual unemployability due to service-connected disability.

The Board has granted service connection for left shoulder rotator cuff tendonitis and supraspinatus tear as secondary to the Veteran's service-connected right shoulder and right elbow disabilities.,The Board has also granted service connection for sleep apnea as secondary to the Veteran's service-connected hypertension.

The Board has determined that there has not been substantial compliance with the remand directives and the claims must be remanded for additional development.

The Veteran's claims for higher ratings and TDIU are being remanded due to the need for updated VA examinations as per Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has granted service connection for lower back, right shoulder, left knee, and right knee conditions based on the Veteran's competent and credible reports of in-service injuries and continued symptoms since service.

The Veteran seeks earlier effective dates for the grant of service connection for tinnitus and an increased rating for left shoulder disability. The Board denied these claims, finding that neither the August 2016 nor January 2017 Intent to File could serve as the proper effective date.,The Board also remanded two issues: right shoulder strain and cervical spine disability, due to a lack of evidence in the record.

The Board has remanded the case due to inadequate findings from previous VA examinations, and a new examination is required to properly assess the Veteran's left shoulder disability.

The Board denied service connection for cervical spine, right shoulder, left shoulder, right hip, left hip, and bilateral foot disabilities as the evidence did not establish a link between these conditions and active service.,There was no credible evidence of continuity of symptomatology since service discharge.

The Board has decided to remand several issues related to service connection for various conditions, including DJD, back disorder, diabetes mellitus DM, right eye disorder, GI disorder (gastritis), and skin disorder (rash on groin). The AOJ is instructed to complete the additional development directed in previous remands.

The Veteran's gastric ulcer is found to be proximately due to his service-connected left trigeminal neuralgia.,The Veteran's left shoulder disability is found to be proximately due to his service-connected lumbar degeneration and left trapezius strain.

The Board denied service connection for various hip, knee, and ankle disabilities as secondary to the Veteran's service-connected degenerative disc disease (DDD) and intervertebral disc disease (IVDS) of the lumbar spine.

The Board has reopened the Veteran's claims for service connection for left knee and left shoulder disabilities due to new evidence received since the last denial. The cases are now remanded for further development, including obtaining VA treatment records and scheduling examinations.

The Veteran's claim for special month compensation (SMC) based on the need for regular aid and attendance of another person or being housebound due to service-connected disabilities is remanded. The Board ordered a VA examination, but indicated that the Veteran did not need to attend this examination.

The Veteran's service connection claim for a right shoulder disability was granted. The Board also remanded the issue of entitlement to service connection for a bilateral foot disability.

The Board has granted service connection for the Veteran's lower back and bilateral shoulder conditions, finding that these conditions are at least as likely as not related to his active-duty service.

The Veteran's service-connected disabilities, including chronic obstructive pulmonary disease, require the regular aid and attendance of another person due to their severity. The Board finds that SMC based on aid and attendance is granted.

The Board has remanded the Veteran's claims for right shoulder, left shoulder, right ankle, left ankle, right knee, left knee, low back, cervical spine, and acquired psychiatric disorders (including PTSD) due to a lack of VA treatment records and potential stressor verification.