Shoulder decisions — 2023

The Board has remanded the case to obtain a VA examination addressing the etiology of any current shoulder condition, including any impairment in the nerves of the arms. The Veteran is seeking service connection for his bilateral pes planus and bilateral shoulder strain.

The Board has determined that additional evidence was submitted and requires further review by the AOJ before a final decision can be made.

The Board has granted the Veteran's request to restore VA disability compensation benefits for 16 days and reimburse $538.13 due to improper withholding of benefits in FY 2012. The issue regarding the withholding of benefits in FY 2013 is remanded.

The Board has remanded the claims for increased rating and TDIU due to inadequate examination findings, including a lack of testing on both shoulders and an apparent discrepancy between reported impairment and observed atrophy. The Veteran's left shoulder disability is being evaluated again.

The Veteran's claim for an initial rating in excess of 20 percent for a right shoulder disability is being remanded due to the failure to discuss or discount the possible ameliorative effects of medications used by the Veteran at his earlier VA examinations.

The Veteran's claim for service connection for a right ankle disability has been reopened and granted.,Service connection is granted for sleep apnea, as it is secondary to his service-connected psychiatric disability.,Service connection is denied for left wrist disability.,Service connection is denied for right shoulder disability.,An effective date earlier than April 29, 2016, for the grant of service connection for nephrolithiasis and ureterolithiasis (secondary to service-connected diabetes mellitus, type II) has been granted.

The Veteran's PTSD with TBI has been rated at 70% since December 11, 2017. The Board finds that the evidence is in equipoise as to whether his service-connected disabilities have rendered him unemployable from performing all forms of substantially gainful employment.

The Board denied the Veteran's claims for service connection for arthritis of the right arm and a rating in excess of 10 percent for residuals of right shoulder and back stab wound.,There is no current diagnosis of right arm arthritis, and the Veteran's symptoms are attributed to his neck disability.

The Board has remanded the Veteran's claims due to new evidence being obtained since the last AOJ adjudication.

The Board has granted service connection for rhabdomyolysis and its residuals, as well as secondary service connection for right shoulder pain, left shoulder pain, right knee pain, left knee pain, right hip pain, and neck pain all related to the Veteran's in-service diagnosis of rhabdomyolysis.

The Veteran's appeal to reopen his claim of service connection for bilateral hearing loss is granted. The appeals seeking service connection for right shoulder disability, right and left bunion pain, and anxiety, schizophrenia, and depression are dismissed as the claims have been rendered moot by prior awards.

The Board has remanded the service connection claims for right shoulder, left shoulder, right foot, left foot, left knee, headaches, chest pains, and blurred vision disabilities due to incomplete treatment records at the Jacksonville CBOC. The Veteran's current disability diagnoses are being evaluated in light of his service-connected thoracolumbar strain, sprain, and intervertebral disc syndrome (IVDS).

The Veteran's PTSD and right shoulder disability have rendered him unable to secure or maintain substantially gainful employment as of September 1, 2013.,Prior to July 25, 2013, the Veteran did not meet the percentage standards set forth in 38 C.F.R. § 4.16(a) for a TDIU.

The Board has determined that the Veteran's claims for service connection for right shoulder and cervical spine disabilities must be remanded due to inadequate medical opinions. The VA will obtain additional records, conduct further examinations if necessary, and provide updated medical opinions regarding the etiology of these conditions.

The Board has determined that additional development is needed for the claims on appeal, including obtaining VA treatment records and providing a contemporaneous examination to determine the extent of nerve disabilities. The Veteran's service-connected right shoulder strain may be related to his claimed nerve disabilities.

The Board has remanded the claims due to failure of the Veteran to appear for VA examinations and requests for etiology opinions.

The Board has remanded the Veteran's claims for service connection and other issues due to lack of substantial compliance with its September 2022 remand directives.

The Board has remanded the Veteran's claims for service connection for left hand, right hand, and right shoulder conditions due to inadequate medical opinions in previous examinations.

The Veteran's claims for service connection were dismissed as the appeal was withdrawn, and no new evidence was submitted to reopen a previously denied claim. The Board found that the additional evidence did not relate to an unestablished fact necessary to substantiate the claims.

The Board has remanded the Veteran's claims for low back disability, bilateral shoulder disability, and bilateral knee degenerative joint disease due to missing service treatment records. Further efforts should be made to obtain these records from his Army National Guard service.