Shoulder decisions — 2023

The Board has denied the Veteran's claim for service connection for a right shoulder disorder, finding that there is no evidence of chronicity during service or within one year after discharge and noting that the current diagnosis of arthritis is more likely due to aging rather than an in-service injury.

The Board has determined that the Veteran's character of discharge for his second period of service from October 28, 2012, through March 18, 2016, is a bar to receipt of VA benefits. However, due to potential insanity at the time of misconduct, additional development is required to determine if this discharge should be considered non-barred.

The Veteran's claims for service connection of various conditions have been remanded due to the need for further examination and evaluation.,No current diagnoses or functional impairments were found for some of the claimed conditions, leading to denial of service connection.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of current diagnoses for some conditions. The Veteran is required to undergo VA examinations to determine the etiology of his bilateral knee, shoulder, and esophageal spasm disabilities.

The Board denied service connection for arthritis and GERD, finding no evidence of in-service onset or direct causation.

The Veteran's claims of service connection for arthritis throughout the body, unspecified and increased evaluation for internal or external hemorrhoids are remanded. The TDIU claim is also remanded due to its inextricably intertwined nature with the other issues.

The Board has granted service connection for a right shoulder disability and a bilateral ankle disability, both diagnosed to include arthritis. The decision is based on the Veteran's reported in-service injuries and continuous symptoms since separation from service.

The Board has remanded the claims for bilateral shoulder, elbow, right knee, and left knee disabilities due to incomplete service treatment records. Additional medical opinions are needed to determine if these conditions were incurred in or caused by active duty service.

The Board has remanded the Veteran's claims for left shoulder and left knee injuries due to new evidence submitted by VA, but not reviewed by the AOJ. The appeal will be returned to the AOJ for review.

The Board has granted service connection for right ear hearing loss and denied service connection for left ear hearing loss, rectal bleeding, a right shoulder condition, and a neck condition. The decision is based on the evidence showing that right ear hearing loss is related to service, while left ear hearing loss does not meet the criteria for a current disability under VA regulations.

The Board has decided to remand the case due to insufficient evidence regarding the onset and relationship of the Veteran's left shoulder disability to his military service. The VA will need to obtain updated medical records, including those from IU Health Physicians, and schedule a new examination for the Veteran.

The Board has determined that the Veteran's substantive appeal was timely filed, and his claims for service connection for left wrist, right shoulder, and left shoulder disabilities as secondary to a neck disability are denied.

The Board denied service connection for a neck disorder and denied entitlement to an initial rating in excess of 20 percent for left shoulder tendonitis with acromioclaviculare joint osteoarthritis.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on A&A or TDIU due to his ability to work and maintain employment.

The Board has vacated the August 2022 decision and remanded three issues: service connection for a bilateral shoulder disability, service connection for a lumbosacral spine condition, and entitlement to TDIU. The remaining issue of service connection for a prostate condition was granted.

The Board has remanded the Veteran's claims for further development due to a lack of adequate reasoning and bases regarding the theory of service connection based on in-service vaccinations. The VA is required to obtain opinions from an appropriate examiner regarding the etiology of his COPD, sleep apnea, gall bladder removal, inguinal hernia, knee disabilities, shoulder disabilities, and tinnitus.

The Veteran's left knee disability is granted a separate rating of 20 percent from February 7, 2021 for repaired complete ligament tear causing persistent instability that requires a walker. The claims for increased ratings prior to March 15, 2016 and from March 15, 2016 are denied.

The Veteran's cervical spine disability, right shoulder disability, and left knee disability claims are remanded for further evaluation.

The Board has remanded the Veteran's claims of service connection for right and left shoulder conditions due to insufficient evidence in the VA examination report. The examiner is asked to provide an addendum opinion addressing whether it is at least as likely as not that the Veteran's bilateral shoulder condition began during or was caused by his active service, including periods of ACDUTRA, and if it is related to a service-connected back condition.

The Veteran's left shoulder disability has been rated at 20 percent since the appeal period began. The VA Board found that the evidence does not support a higher rating for his left shoulder disability, as it did not meet the criteria for ankylosis or recurrent dislocation of the scapulohumeral joint with frequent episodes and guarding of all arm movement.