Shoulder decisions — 2023

The Board has decided that the Veteran's service connection claim for a left shoulder disability should be remanded due to inadequate medical opinions.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the service connection for left shoulder labral and rotator cuff tear s/p arthroscopic repair. The examiner must address whether the Veteran's left shoulder disorder was aggravated by his service-connected right shoulder disorder.

The Veteran's service-connected left upper extremity disabilities, including radiculopathy and rotator cuff syndrome of the shoulder, have resulted in functional impairment equivalent to loss of use since July 18, 2014. The Board has granted an effective date of July 18, 2014 for the award of special monthly compensation (SMC) based on loss of use of the left upper extremity.

The Board denied the Veteran's claims for earlier effective dates for adding his dependent children and spouse, finding that he did not meet the legal requirements for common law marriage in Texas. The Veteran was granted service connection for various disabilities but had a combined disability rating of at least 30% from March 13, 2019, which is when he became eligible for dependency awards.

The Veteran's claims for a right shoulder disability and hepatitis residuals have been dismissed. The claim for MDD prior to February 21, 2020 has been granted. The issues of left hip disability and bilateral foot disabilities are being remanded.

The Board has remanded the claims for service connection for lumbar strain and a left shoulder condition due to procedural errors, including failing to provide an examination with a VA clinician prior to issuing a decision.

The Veteran's claim for a disability rating in excess of 20 percent for his right shoulder dislocation post avulsion fracture associated with right knee meniscus and ACL tear repair prior to August 31, 2023 is denied.,The Veteran's claim for a disability rating in excess of 40 percent for his right shoulder dislocation post avulsion fracture associated with right knee meniscus and ACL tear repair from August 31, 2023 onward is denied.

The Veteran's appeal for service connection of a left thumb scar was dismissed because the Veteran withdrew his appeal prior to the Board issuing its decision. The right shoulder and left shoulder disability claims are remanded.

The Veteran's appeal is remanded for further evaluation of his service-connected conditions, including bilateral hearing loss and plantar fasciitis. The issues include increased ratings for PTSD, right shoulder impingement syndrome, lumbar strain, right knee patellofemoral syndrome, and left knee patellofemoral syndrome.

The Board has remanded the claims for further development and an opinion regarding the etiology of the Veteran's arthritic conditions, including left shoulder impingement syndrome, rotator cuff tendonitis, acromioclavicular joint osteoarthritis, and left radioscaphoid arthritis. The non-arthritic cold weather residuals claim is also remanded for further development.

The Veteran's claim for a higher initial rating of 40 percent for his service-connected right shoulder impairment has been denied. The highest available schedular rating is already in place, and the evidence does not support an extraschedular evaluation.

The Board has granted service connection for left knee strain with patellar tendonitis and left shoulder degenerative disc disease. The appeal regarding a left shoulder disability, neurologic is remanded.

The Veteran's claim for service connection for hypertension on a secondary basis to her PTSD was reopened and granted.,Service connection for the left shoulder disability, which is now referred to as degenerative joint disease status post replacement, was also granted.

The Board denied a separate compensable rating for muscle injury of the right shoulder related to the service-connected right shoulder disability, finding no current diagnosis or symptoms of such.

The Board has granted the Veteran's claims for service connection for fibromyalgia and right shoulder disability, finding that the evidence is at least evenly balanced as to whether these conditions had their onset in service.

The Veteran's claims for tinnitus and left ear hearing loss were denied as there was no evidence of a claim prior to February 24, 2020.,The Veteran's initial compensable evaluation for left ear hearing loss was denied due to the average puretone threshold being at Level II (noncompensable).,Service connection for esophageal disorder and IBS were denied as there is no evidence of a relationship between these conditions and service.,Service connection for a back disability, right shoulder disability, respiratory disorder, and acquired psychiatric disorder were granted.

The Veteran's claims for left and right shoulder disabilities, dental disability (for compensation purposes), and migraine headaches have been denied due to the absence of a current disability.,Service connection was not granted as there is no evidence of a current condition related to service.

The Board has remanded the claims for service connection and evaluation of the Veteran's low back disability and right shoulder disability due to inadequate examinations and failure to consider new evidence. The claims will be reconsidered with additional medical opinions.

The Board has remanded the cases for further examination and opinion regarding the Veteran's lower back disability and right shoulder disability, as the previous opinions were inadequate.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for left elbow and shoulder disorders, as well as his ancillary SMC(l) and SMC(k) claims. Ancillary benefits include SMC for aid and attendance and loss of use.