Shoulder decisions — 2023

The Veteran's service-connected Gulf War Syndrome is considered to be the cause of his blood in urine, bowel disability, upper respiratory disability, dizziness, obstructive sleep apnea, bilateral wrist disorder, left shoulder disorder, and right shoulder disorder.

The Veteran's appeal for a higher disability rating for his right shoulder condition was denied by the Board. The VA examiner found that the Veteran's right shoulder motion is limited to shoulder level (90 degrees), which does not meet the criteria for an increased rating.

The Veteran's claim for an increased disability evaluation of 40 percent for dysfunctional right shoulder is granted from February 14, 2022.,The Veteran's claim for an increased disability evaluation in excess of 30 percent prior to February 14, 2022 is denied.

The Veteran's left shoulder disability is rated at 20 percent since May 23, 2016. The claim for a higher rating before that date remains pending.

The Board has determined that the Veteran's right shoulder disability, characterized as right shoulder strain, is proximately due to his service-connected cervical spine and left shoulder disabilities. As such, the claim for secondary service connection is granted.

The Veteran's claim for a rating in excess of 20 percent for his service-connected left shoulder disability was denied by the Board, as the evidence did not show that his symptoms warranted such an increase.

The Veteran's left elbow status-post avulsion fracture, lumbosacral strain, and cervical strain have been granted service connection with a noncompensable rating. The Veteran's acquired psychiatric disability has also been granted service connection.

The Board has remanded the cases for further development and consideration due to inadequate medical opinions in previous decisions.

The Board has remanded the claims for service connection for tinnitus, right shoulder disability, left shoulder disability, and back disability due to insufficient evidence.,Specifically, the Veteran's claims are being returned for further development as requested by the Board.

The Board has remanded the case for new VA examinations to determine if the Veteran's current spinal and shoulder conditions are related to his in-service motor vehicle accident. The previous VA examinations were deemed inadequate due to lack of thoroughness and consideration of the Veteran's pain reports.

The Board denied service connection for diabetes mellitus, type II and remanded the issues of increased rating for right shoulder disability and service connection for a right upper extremity nerve disability as secondary to service-connected right shoulder disability.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee, left knee, cervical spine disorder, CFS, right fingers, left fingers, right hip, left hip, lumbar spine disorder, right wrist, left wrist, left leg, right shoulder, left lower extremity sciatic nerve disorder, burns of the right tibia/fibula, and GERD disorders due to incomplete service treatment records and lack of confirmation of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Veteran's appeal for the issue of whether new and material evidence has been submitted to reopen a claim for service connection for a left hip disorder was dismissed.,The claims for service connection for headaches, left ankle disorder, left knee disorder, right knee disorder, and left shoulder disorder were all reopened due to the submission of new and material evidence.

The Veteran's claim for service connection for fatigue is denied. The initial rating for migraine headaches prior to March 22, 2016 is granted at 50 percent. Service connection claims for various joint and tinnitus conditions are remanded.

The Veteran's claims for service connection of various conditions, including lower back disorder, right shoulder disorder, right foot disorder, acquired psychiatric disorder (including PTSD and depression), COPD, hypertension, and sleep apnea have all been denied. The Board found that the evidence did not establish a causal relationship between these conditions and active service.

The Veteran's appeal for an initial rating higher than 20 percent for his left shoulder disability and service connection for his eye condition have been remanded due to scheduling issues with VA examinations.

The Board has denied a rating in excess of 20 percent for the Veteran's left shoulder disability and has remanded the issue of entitlement to TDIU due to service-connected disabilities.

The Veteran's claim for service connection for hypertension has been granted under the PACT Act, but an effective date prior to August 10, 2022 is not established due to lack of evidence.

The Board denied service connection for right and left shoulder disabilities, bilateral carpal tunnel syndrome, and a right upper extremity musculoskeletal disability (other than shoulder or elbow) due to lack of evidence linking these conditions to service.

The Veteran's claim for service connection for residuals of pneumonia, to include COPD is denied as there is no persuasive evidence showing the current condition began during or was aggravated by service.,Service connection for a left shoulder disability is denied due to lack of credible evidence linking the current condition to service.,Service connection for right ankle disability, to include small vessel PAD, and left ankle disability, to include small vessel PAD, are both denied as there is no persuasive evidence showing the conditions began during or were aggravated by service.