Shoulder decisions — 2023

The Board has remanded the claims for service connection due to insufficient medical opinions and need for further development, including a TERA examination.

The Board has accepted the Veteran's February 2018 Notice of Disagreement as timely filed, finding that there is sufficient evidence to rebut the presumption of regularity in this case. The appeal was granted for some issues and denied for others.

The Board has determined that additional development is needed to fully adjudicate the Veteran's claims, including obtaining SSA records and VA treatment records. The Veteran will be provided with VA examinations for his claimed disabilities.

The Board has remanded the claims for neck, shoulder, and sciatic disabilities due to an inadequate August 2021 VA opinion. The Veteran's testimony regarding her belief that in-service duties caused her current problems is considered.

The Board has granted service connection for right shoulder strain and thoracolumbar spine degenerative arthritis, finding that the Veteran's conditions are related to his active duty service.

The Veteran's right shoulder, left shoulder, right knee, and left knee disabilities are denied as service connection is not warranted.,The Veteran's sleep apnea is denied as it is not proximately due to or aggravated by his PTSD.,The Veteran's bilateral blepharitis and early cataracts are denied as they are not etiologically related to service.

The Board has decided to remand the case for a VA examination to determine if the Veteran's left shoulder condition is related to service, and whether it is secondary to his right shoulder condition.

The Board has granted service connection for the Veteran's right shoulder disorder. The claims for back and left foot disorders are remanded, as is the claim for an acquired psychiatric disorder.

The Board has remanded the Veteran's claims for service connection due to new and material evidence having been received, as well as for additional examinations to determine the etiology of his disabilities. The claims are now pending before VA again.

The Board denied the Veteran's claims for service connection for hepatitis C and compensation under 38 U.S.C. § 1151 for a left shoulder disability, finding no evidence to support these claims.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his cervical spine and right shoulder conditions. The AOJ must attempt to obtain copies of treatment records from Antelope Valley Clinic in Palmdale, California, that have been detailed by the Veteran's representative, as well as any heretofore unavailable treatment records from VA medical centers.

The Board has decided to remand the case due to a lack of recent VA examination for the right shoulder, and additional development is needed.

The Veteran's appeal has been dismissed as he and his representative requested to withdraw the appeal.

The Board has remanded the case due to outstanding records and need for a VA opinion regarding the etiology of the Veteran's right shoulder disability.

The Veteran's tinnitus was granted service connection. The Board found that the Veteran's current sleep disorder, including sleep apnea, and her right knee disability need further examination to determine their etiology.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment prior to November 9, 2020. The Board has now granted a TDIU rating on a schedular basis from that date, which triggers the need for extraschedular consideration.

The Board has decided to remand the Veteran's claims for service connection for left elbow and right shoulder disabilities due to insufficient medical opinions regarding their etiology.

The Veteran's claims for increased ratings for his lower extremity radiculopathy and shoulder disabilities have been denied. The Board found that the evidence did not support a higher rating than 20 percent for these conditions.,The Veteran was granted TDIU based on his service-connected disabilities rendering him unable to obtain or maintain substantially gainful employment.

The Veteran's right shoulder disability is rated at 30 percent prior to January 29, 2020 and 40 percent since then.,A separate rating of 20 percent for right shoulder dislocation was granted prior to January 29, 2020.

The Board denied service connection for cervical spine, right knee, bilateral elbow, and right shoulder disorders. The Veteran's cervical spine disorder is not considered to be related to her active military service or her service-connected fibromyalgia.