Shoulder decisions — 2023

The Board denied the Veteran's claim for an initial rating in excess of 20 percent for his right shoulder disability, finding that the evidence did not support a higher rating based on painful and limited motion.

The Board has denied the Veteran's claims for service connection for right shoulder, left knee, and right foot conditions due to a lack of evidence linking these conditions to his active-duty service.,The Board has also remanded the Veteran's claims for service connection for left knee and right knee conditions as there is insufficient medical evidence to determine if they are related to his service.

The Veteran's bilateral hearing loss and right shoulder disorder were granted service connection as they are considered to have been incurred during their active duty.

The Board denied the Veteran's claims for service connection for Arnold-Chiari malformation, left shoulder disability, and left arm disability. The Board found that the conditions were not caused by or aggravated by active duty service.

The Veteran's service-connected conditions prevent him from dressing, undressing, bathing, grooming himself without assistance and requires care to protect him from daily hazards. The Board finds that SMC based on the need for aid and attendance of another is warranted.

The Veteran's appeal for service connection on multiple issues was dismissed. The claim for PTSD, rated at 100%, remains in effect from November 14, 2014.

The Board has denied the Veteran's claim for a higher initial rating of 20 percent for his service-connected left shoulder scar, finding that the evidence does not support a rating in excess of 20 percent due to the scar being painful and unstable but not covering an area of at least 39 square centimeters.

The Board has remanded the Veteran's claims for service connection for various disabilities due to inadequate nexus opinions.,Specifically, new medical opinions are needed on direct and secondary theories of entitlement.

The Veteran's claim for a higher rating for left (minor) shoulder dislocation residuals is remanded due to the lack of clarity in the examination report regarding functional loss.

The Board denied the Veteran's claims for initial ratings in excess of 10 percent and 40 percent for his left shoulder disabilities, muscle groups IV and I-III respectively. The Veteran also had a noncompensable rating for his left shoulder scars. The highest schedular rating under Diagnostic Code 5201 was assigned for the muscle group I-III disability.

The Veteran's claims for increased ratings for right shoulder strain, right knee strain limitation of extension, right knee instability, and right knee meniscal condition have been granted. The Veteran is now receiving the maximum rating available under Diagnostic Code 5201 (right shoulder) and Diagnostic Codes 5260/5261 (right knee).

The Board has dismissed the Veteran's appeals on service connection claims for migraine headaches, bilateral upper extremity cold weather injury, bilateral lower extremity cold weather injury, bilateral CTS, bilateral shoulder injury, and hypertension due to the Veteran's withdrawal of these issues prior to the promulgation of decisions.

The Board denied the Veteran's appeal as the withholding of VA disability compensation benefits in the amount of $1,649.89 for 115 training days for FY 2016 was proper.

The Board denied service connection for a right shoulder with nerve damage disability, finding that the Veteran's current condition is not related to his in-service injuries or conditions.

The Board denied service connection for bilateral hearing loss, an acquired psychiatric disorder, a lumbar spine disability, and a left shoulder disability due to lack of evidence linking these conditions to service or any other compensable cause.

The Veteran's appeal is remanded due to inconsistencies in the record regarding his left shoulder disability, specifically concerning flare-ups. A new examination is needed to assess functional impairment.

The Veteran's service-connected disabilities, including his diabetes and kidney issues, required regular aid and attendance. The Board granted SMC based on the need for regular aid and attendance.

The Board has remanded the claims of service connection for various joint and spine disabilities due to the need for additional in-patient treatment records from an Air Force hospital in Thailand. The AOJ must provide a formal finding of unavailability for these records.

The Board has determined that the Veteran should be afforded VA examinations to assess his service-connected bilateral knee disability and a medical examination for his bilateral shoulder condition. The matter is being remanded due to the Veteran's inability to attend scheduled examinations.

The Veteran's appeal for TDIU has been dismissed as the matter was specifically withdrawn by his attorney. The issues of TDIU have been dismissed for both time periods from July 3, 2008 to present and November 14, 2006 to July 2, 2008.