Shoulder decisions — 2023

The Board found that VA waived any objection to the timeliness of the filing of the Veteran's substantive appeal, and thus granted the appeal for all issues listed in the August 2016 rating decision.

The Board denied service connection for a right shoulder disorder and a neck disorder, finding that the Veteran did not have these conditions during or within one year after his military service. The evidence does not support a link between any current disorders and his military service.,There is no medical opinion linking either condition to service.

The Veteran's claims for higher ratings for traumatic arthritis of his right shoulder and left knee are being remanded due to the need for a VA medical examination to assess the current severity of these conditions.

The petition to reopen the previously denied claim for service connection for an eye disability, including bilateral myopia, is denied. The Board has also remanded the issues of service connection for left knee and shoulder disorders, as well as a temporary total disability rating.

The Board has denied the Veteran's claims for service connection for right shoulder tendinitis and left shoulder tendinitis and arthritis, finding that there is no evidence of a nexus to service. The claim for sleep disorder was remanded due to potential secondary service connection.

The Veteran's claim for an increased rating for his right shoulder disability is remanded due to inadequate VA examination findings. The Board finds that the VA examinations did not comply with Correia v. McDonald (2016) and require pain on both active and passive motion, in weight-bearing and non-weight-bearing.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to unresolved issues regarding his shoulder, hip, back, and neck disabilities.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) on an extraschedular basis, finding that his service-connected right shoulder and right ankle disabilities did not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's low back disability is granted as secondary to his service-connected left knee condition.,Service connection for ED is denied. The Board found no evidence of a direct relationship between the condition and active duty service.

Your appeal has been dismissed as the Veteran withdrew his claims for service connection for bilateral hearing loss, a psychiatric disorder claimed as anxiety, a left shoulder disability, bilateral shin splints, and toenail fungus of both feet.

The Veteran's claims for increased ratings of various disabilities, including a right shoulder disability, bilateral pes planus, TBI, and other conditions were denied as the Veteran failed to appear at scheduled VA examinations.,Service connection claims for back disability, left foot disability, right elbow disability, and chest pain were also denied due to insufficient evidence linking these conditions to service.

The Board has determined that the VA addendum medical opinions obtained in August 2020 are inadequate for adjudication purposes and requires additional medical comment. The claims of service connection for a right shoulder disability, to include as secondary to a cervical spine disability, and for a cervical spine disability, to include as secondary to a service-connected lumbar spine disability, are remanded.

The Board has remanded the cases of hypertension and left shoulder disability for further development, including obtaining addendum medical opinions to address service connection.

The Veteran's appeals for service connection for a left shoulder disability and for a compensable rating for hemorrhoids prior to December 4, 2020, and in excess of 20 percent thereafter have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's claims for bilateral hearing loss, right and left ankle disorders, right and left knee disorders, low back disorder, and acquired psychiatric disorder (other than PTSD) have all been denied. The Board found no evidence of current disabilities meeting VA's regulatory definition of a hearing loss disability or any other qualifying chronic disability under 38 C.F.R. § 3.317.

The Veteran's claim for service connection for joint pain and muscle spasm is dismissed. The claims of service connection for chronic musculoligamentous strain of the left shoulder, a right hip disability, and tinea corpus of the body and tinea pedis of the bilateral feet are remanded.

The Veteran's left shoulder strain, rotator cuff tendonitis, post coracoclavicular ligament tear, and degenerative changes are granted as service-connected.,An initial 10 percent rating for bilateral pes planus and plantar fasciitis is granted from February 28, 2014 through October 16, 2022. The Veteran's condition was relieved by arch supports during this period.,Since October 17, 2022, the Veteran's bilateral pes planus and plantar fasciitis are rated at 30 percent due to symptoms such as pain, characteristic callosities, decreased longitudinal arch height on weight-bearing, marked pronation, extreme tenderness of the plantar surfaces, and severe spasm of the Achilles tendon.

The Board has remanded the Veteran's claims for service connection for right shoulder, left elbow, and right elbow disabilities due to inadequate evidence in the October 2015 VA examination. The case is also remanded for an extraschedular rating consideration for tinnitus.

The Board denied the Veteran's claims for higher ratings for his service-connected left shoulder disability and scars, finding that the evidence did not support a rating in excess of 20 percent prior to July 28, 2021, or 40 percent thereafter.

The Board has granted service connection for right shoulder, right foot (including plantar fasciitis), and left foot disabilities. The conditions are deemed to be related to the Veteran's active military service.