Shoulder decisions — 2023

The Veteran's service-connected disabilities, including his low back disability and left shoulder disability, are found to have caused his psychiatric disorder.,Effective March 28, 2016, the Veteran is granted a 30 percent rating for his aggravated congenital absence of pectoralis major in the left shoulder.

The Board has remanded the Veteran's claims for service connection for left and right shoulder arthritis, as they are related to a parachute jump incident in service. The VA is required to seek alternative records due to missing service records and provide an addendum examining the Veteran's self-reported history of injury during this event.

The Veteran's claim for service connection for OSA has been granted, and he is also granted increased ratings for his TMJ dysfunction, cervical strain, left shoulder impingement syndrome, and lumbar spine strain.

The Veteran withdrew their appeal regarding the reduction of disability evaluations for right shoulder and right knee disabilities, effective September 1, 2017.

The Veteran's appeal is being remanded for additional examinations and development to determine the nature and etiology of his claimed left shoulder, left knee, right knee (other than chondromalacia), and respiratory disorders. The TDIU claim has been granted.

The Board has determined that the right shoulder disability may have pre-existed service and was not aggravated by service. The claim is being remanded for a new examination to determine if this is true.

The Veteran's right shoulder disorder, including a labral tear, had its onset during service and the Board has granted service connection for this condition.

The Board has determined that additional evidence is needed to determine the nature and etiology of the Veteran's claimed shoulder and leg disabilities, as well as the current severity of his service-connected lumbar spine and lower extremity radiculopathy. The claims are being remanded for further development.

The Veteran's knee and shoulder disabilities are being remanded for further evaluation due to the need for updated VA examinations.

The Board has remanded several service connection claims due to the need for additional examinations and opinions. Service connection is granted for tinnitus, but other claims remain pending.

The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) is granted, and the claims to reopen service connection for thoracolumbar spine disability, left hand disability, left shoulder disability, right shoulder disability, left knee disability, right knee disability, and right ankle disability are also granted.

The Board has remanded the case due to inadequate examination findings and requests for clarification. The Veteran's right shoulder disability is conceded, but a new VA medical opinion is needed to determine if it is related to service.

The Veteran's claim for an increased rating for degenerative disc disease and degenerative joint disease of the thoracolumbar spine with lumbar strain was denied as his symptoms did not meet the criteria for a higher rating.,Service connection for left knee disorder was also denied due to lack of evidence showing it began during service or is related to in-service injury.

The Veteran's claims for increased ratings for his left shoulder rotator cuff tear and right shoulder impingement syndrome have been denied. The Board has found that the evidence does not support an initial evaluation in excess of 20 percent for either condition.

The Veteran's right shoulder, low back, right knee, sleep apnea, and right foot disabilities are all granted as service-connected.,Effective April 7, 2014, a rating of 50 percent for headaches is granted.

The Veteran's claims for service connection have been dismissed due to his death.

The Board has ordered remand for new VA examinations due to inadequate previous evaluations and requested addendum opinions. The issues on appeal include increased ratings for various service-connected conditions, an initial rating for left lower extremity radiculopathy, and service connection for a stomach condition (GERD).

The Veteran's claim for service connection for obstructive sleep apnea has been granted.,Prior to December 12, 2003, the Veteran was not found unable to secure or follow substantially gainful employment due to his service-connected disabilities.,From December 12, 2003, to January 31, 2005, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was not permanently housebound.,From February 1, 2005, to February 27, 2019, the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,From February 28, 2019, to April 3, 2020, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was in receipt of special monthly compensation.

The Board has remanded the case due to incomplete medical opinions and a need for additional examinations regarding muscle group injuries and neurological symptoms related to the Veteran's right shoulder disability.

The Veteran's claims for increased rating for his left shoulder disability and TDIU have been remanded due to the failure to schedule a VA examination as per prior Board directives. The AOJ is instructed to refer both claims for extraschedular consideration.