Shoulder decisions — 2023

The Board has remanded several issues related to the Veteran's service connection claims for shoulder and back conditions, which are secondary to his service-connected multiple sclerosis. The VA examiners' opinions were inadequate, and an addendum opinion is needed.

The Board has granted service connection for left shoulder osteoarthritis, but denied service connection for right shoulder osteoarthritis. The decision is based on the lack of evidence showing that the right shoulder condition first manifested in service or within a year after separation from service.

The Board has determined that the Veteran's claims for service connection are not fully developed and requires additional evidence to make a determination. The issues include residuals of a concussion, left shoulder condition, bilateral foot condition, skin condition of the bilateral feet, and low back condition.

The Board has granted the Veteran's claims for service connection for post-operative left shoulder dislocation and post-operative left shoulder dislocation (humerus), but denied his requests for earlier effective dates. The effective date for both conditions is set at December 22, 2016.

The Board has remanded the Veteran's claims for service connection for left and right shoulder disabilities due to inadequate VA examination. The Veteran is deemed a combat Veteran, but his lay statements and testimony regarding in-service injury are not considered by the examiner.

The Board denied the Veteran's claim for service connection for right-shoulder disorder, but remanded issues regarding reopening of claims for lumbar-spine disorder and bilateral hearing loss.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The missing records are of particular importance as they may clarify the cause of the Veteran's diffuse musculoskeletal pain, and the outstanding National Guard and SSA records may contain evidence relevant to the pending claims.

The Veteran's claims of service connection for back disability, right lower extremity radiculopathy (claimed as numbness), left lower extremity radiculopathy (claimed as numbness), right shoulder disability, and left shoulder disability are dismissed.,The Veteran's claim to reopen entitlement to service connection for bilateral pes planus is reopened.,The Veteran's claim to reopen entitlement to service connection for right knee disability is reopened.,The Veteran's claim to reopen entitlement to service connection for left knee disability (claimed as chronic knee strain post fracture of the left lateral femoral condyle) is reopened.,The Veteran's claim to reopen entitlement to service connection for right shin splint disability is reopened.,The Veteran's claim to reopen entitlement to service connection for left shin splint disability is reopened.,The Veteran's claim to reopen entitlement to service connection for right wrist disability is reopened.

All issues related to service connection have been either granted in full or finally denied by the Board without subsequent appeal.

The Veteran's appeal is remanded for further development regarding his TDIU claim prior to January 9, 2021. The Board cannot determine the extent of his income loss due to service-connected disabilities without additional records.

The Veteran's claims for service connection for lumbar spine, left hip, right hip, right knee, left knee, and shoulder disabilities have been remanded due to the need for additional examinations.,New evidence has reopened the Veteran's claims for service connection for lumbar spine and left hip disabilities.

The Board denied service connection for obstructive sleep apnea, high blood pressure (hypertension), and several other conditions due to lack of evidence linking these conditions to the Veteran's active duty service.,Service connection was not granted as there is no medical evidence showing that any of these conditions were incurred or aggravated during the Veteran's military service.

Service connection is granted for seizures, memory loss, and hypertension.,The Veteran's left shoulder condition, fibromyalgia, back condition, left carpal tunnel syndrome, right carpal tunnel syndrome, and skin condition are remanded for further development.

The Board has determined that the Veteran's appeal must be remanded due to procedural issues, specifically regarding the submission of a Notice of Disagreement form. The case will be returned to the RO for issuance of an SOC and for the Veteran to file a timely substantive appeal if he wishes to continue his appeal under the legacy appeals system.

The Board has remanded the claims for service connection for right shoulder and right foot disabilities due to a lack of an adequate VA examination addressing any relationship between the claimed disabilities and active service. The Veteran's right shoulder and right foot disabilities are also being remanded for further development, including obtaining SSA records.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for the period from September 27, 2012 to December 28, 2015 and for the period from December 29, 2015 to present.

The Veteran's right forearm strain with painful motion of the elbow is granted a 20 percent rating, effective June 20, 2019. The Veteran's right forearm strain with limited pronation is granted a 30 percent rating from June 20, 2019 to April 1, 2021 and a 10 percent rating thereafter. The Veteran's PTSD is rated as 100 percent disabling prior to May 24, 2018 and from April 1, 2021 onwards. The Veteran's right shoulder disability remains at 20 percent.

The Board has remanded the case due to a lack of compliance with previous instructions. The Veteran's right shoulder disability is being reviewed again for service connection.

The Board has remanded the Veteran's claims for further development due to procedural errors and inconsistencies in the VA examinations. The issues on appeal include ratings for right shoulder disabilities under musculoskeletal criteria, as well as nerve rating criteria.