Shoulder decisions — 2023

The Board denied the Veteran's claim for service connection of a right shoulder disability, finding that there was no evidence of chronicity or continuity of symptoms and concluding that the current condition is not related to his military service.

The Veteran's right shoulder disability is rated at 30 percent since March 30, 2020. The Board has remanded the case for further development and consideration of service connection for a neurological condition related to his right shoulder.

The Board has remanded the Veteran's service connection claims for back, bilateral shoulder, bilateral knee, bilateral foot, bronchitis (also claimed as respiratory complaints and shortness of breath), and bilateral arm conditions due to inadequate compliance with previous remand instructions.

The Board has remanded the claims for service connection due to incomplete verification of the Veteran's periods of active duty for training (ADT) and inactive duty for training (IDT).

The Board has remanded the Veteran's claims of service connection for left and right shoulder disabilities due to a lack of treatment records from his time in Germany. The case is being returned for further examination and opinion.

The Veteran's bilateral eye traumatic angle recession with pigmentary dispersion, peripheral vestibular disorder, PTSD with TBI, lumbosacral strain, right shoulder degenerative joint disease, right knee strain, and right hip degenerative joint disease are all granted. The rating for the peripheral vestibular disorder is increased to 30 percent prior to June 15, 2022. The Veteran's PTSD with TBI remains at a 70 percent rating. The lumbosacral strain is rated at 20 percent. The right shoulder degenerative joint disease and right knee strain are both denied higher ratings. The right hip degenerative joint disease based on limitation of flexion is also denied.

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The Board denied service connection for a right shoulder disability, finding that the evidence did not support a relationship to service.

The Board has remanded the Veteran's claims for left shoulder disability and lumbar spine disability due to inadequate VA examination opinions. The Veteran contends that his disabilities are related to service, but the VA examiner found no evidence of a back injury during service and concluded that the conditions are more likely due to natural aging.

The Veteran's claim of service connection for back impairment has been reopened, but the claims for right lower extremity radiculopathy, right leg impairment other than radiculopathy (to include varicose veins), right shoulder impairment, and respiratory disorder are still pending as they require further development.

The Board has granted a 40 percent rating for the Veteran's low back disability, but remanded the issues of service connection for bilateral shoulder and hip arthritis.

The Board has remanded the restoration of service connection claims for cervical spine arthritis, lumbar spine arthritis, bilateral shoulder arthritis, right thumb arthritis, and scar formation due to insufficient medical opinions regarding their etiology. The Veteran's conditions may be related to his pre-existing polyarthralgia or osteoarthritis.

The Veteran's claims for service connection for tinnitus and bilateral hearing loss have been reopened, and both conditions are now granted. The appeal is also granted for the evaluation of left shoulder tendonitis and left clavicle spur, lumbar spondylosis and osteophytosis, irritable bowel syndrome (IBS) and gastroesophageal reflux disease (GERD), uterine fibroids, migraines, hypertension, residual scar from ventral hernia repair, anxiety, memory loss, sleep disturbances, knee disorder, and fibromyalgia. The appeal is remanded for further evaluations and determinations on these issues.

The Board has determined that new and significant evidence has been added to the claims file since the last Supplemental Statement of the Case (SSOC) issued in June 2019. The Veteran's service-connected disabilities may affect his ability to work, which is considered part of the TDIU claim. Therefore, all issues are remanded for further review.

The Veteran's fibromyalgia is rated at 40 percent effective April 30, 2019. The claim of service connection for a heart disorder has been reopened and granted due to new evidence indicating potential inservice onset. Service connection for allergic rhinitis, asthma, and acquired psychiatric disorders are all granted on a presumptive basis.,The Veteran's right knee, left knee, left shoulder, left hand, and left wrist disorders have been dismissed as the Veteran withdrew her claims at the November 2021 Board hearing.

The Board denied service connection for right and left shoulder disabilities and hypertension, finding that the evidence did not support a link between these conditions and the Veteran's military service.

The Veteran's service-connected disabilities, including his right shoulder disability and major depressive disorder, render him unable to secure and maintain substantially gainful employment.

The Veteran's left shoulder disability is rated at 20 percent throughout the appeal period, excepting a temporary 100 percent rating from September 24, 2018, to December 1, 2018.

The Veteran's claimed conditions, including muscle pain and various joint and foot disabilities, are not service-connected as they do not meet the criteria for service connection under direct service connection rules.

The Board has remanded the Veteran's claims for left shoulder and lumbar spine disabilities due to inadequate retrospective opinions regarding flare-ups and functional limitations. The claims are being returned for further development.