Shoulder decisions — 2023

The Veteran's appeal is being remanded for further development due to the need for new examinations and additional information regarding his service-connected conditions.

The Board has remanded several claims, including service connection for various conditions and a higher disability rating for herniated nucleus pulposus. The Veteran is requesting additional examinations to determine the nature and etiology of his claimed conditions.

The Veteran's left shoulder disability is not productive of limitation of motion to midway between side and shoulder level, and there is no evidence of functional loss beyond that reflected on range of motion measurements. As such, the claim for an increased rating in excess of 20 percent for a left shoulder disability is denied.

The Veteran's claim for service connection for abrasion right leg is denied as there is no current diagnosis of the condition.,Service connection for bilateral hearing loss is denied due to lack of evidence of a disability during service and post-service. The Veteran has not been provided with an examination related to this issue.,Service connection for tinnitus is granted based on in-service exposure to noise and the Veteran's report of onset during service.

The Veteran's service-connected disabilities caused him to be in need of regular aid and assistance, resulting in a grant of special month compensation (SMC) based on the need for aid and attendance.

The Board has remanded the case due to a lack of compliance with previous directives, requiring the VA to obtain an addendum opinion from a specialist regarding the Veteran's right shoulder disability and its relation to service.

The Board has determined that additional development is necessary to clarify the Veteran's periods of active duty for training (ACDUTRA), inactive duty for training (INACDUTRA), and 'full-time duty' under the provisions of 32 U.S.C. § ¶ 316, 502, 503, 504, or 505 during his service. The Board also notes that a VA examination is needed to determine the nature and etiology of the Veteran's skin condition, as well as opinions regarding the relationship between his neck condition and right shoulder condition with his service-connected left lower extremity radiculopathy, and bilateral hearing loss.

The Board has dismissed the Veteran's claim for service connection of a left hand disability due to his withdrawal. The remaining issues have been remanded, including back, neck, right shoulder, right knee, right ankle, and left hip disabilities.

The Veteran's erectile dysfunction is granted as secondary to his service-connected right shoulder and back disabilities.,The Veteran's right ankle disability is granted as related to active service.,The Veteran's left ankle disability is granted as related to active service.

The appellant has withdrawn his appeals for left shoulder disability, increased rating for right lower extremity radiculopathy, and earlier effective date for right lower extremity radiculopathy. The Board has dismissed these appeals.

The Veteran's service-connected psychiatric disability alone prevented him from obtaining and maintaining substantially gainful employment, leading to a TDIU rating effective May 1, 2021.

The Board has remanded the case due to insufficient evidence and an inadequate medical opinion regarding whether the Veteran's left shoulder disability is caused or aggravated by his service-connected low back disability.

The Board has remanded the Veteran's claim for service connection of a left shoulder disorder due to inadequate medical opinion and lack of nexus evidence.

The Veteran's right shoulder disability is rated at 30 percent, but the Board found that it does not meet the criteria for a higher rating due to lack of limitation of motion to 25 degrees from the side.

The Board has reopened the Veteran's claim for service connection for sleep apnea and remanded the claims for right shoulder disability and left elbow disability due to insufficient evidence. The Veteran will need to undergo VA examinations to determine if his current disabilities are related to his military service.

The Veteran's claims for increased ratings and service connection are remanded due to the need for updated medical records and examinations.

The Veteran's appeals for increased ratings on left ankle sprain, right knee degenerative arthritis, and right shoulder degenerative arthritis have been dismissed due to failure to perfect an appeal. The Board has also determined that the issues of increased ratings for these conditions are not properly before it at this time as they were granted in a prior rating decision. The Veteran's claim for service connection for right side groin pain is remanded for further examination and opinion.

The Veteran's service-connected disabilities have resulted in a combined evaluation of 90 percent, which meets the criteria for TDIU from November 15, 2022 onwards.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in her VA examinations and lack of clarity regarding pre-existing conditions.

The Veteran's claims for a compensable rating for disfiguring right shoulder scars and a rating in excess of 10 percent for painful right shoulder scar are being remanded due to the submission of new evidence since the last SSOC.