Shoulder decisions — 2023

The Board has dismissed the legacy appeals as to entitlement to service connection for left and right shoulder disabilities due to a timely post-supplemental statement of the case (SSOC) VA Form 10182 opt-in under the Appeals Modernization Act (AMA).

The Veteran's hypertension, left shoulder degenerative joint disease, right shoulder tendonitis, right upper extremity neuropathy, left upper extremity neuropathy, right foot pes planus and metatarsalgia, and left foot pes planus and metatarsalgia are not service connected. The Board has determined that additional development is necessary to address these issues.

The Board denied service connection for a back disability, right knee disability, head scars, and left shoulder scar as there is no evidence linking these conditions to the Veteran's military service.,The Veteran did not provide sufficient medical evidence to support his claims of in-service injury or chronicity of symptoms.

The Board has remanded the Veteran's claims for service connection for a psychiatric disorder other than PTSD, left wrist condition, right shoulder condition, left shoulder condition, and headache condition due to inadequate medical opinions. The VA examiner is requested to address the Veteran's lay testimony of having experienced symptoms in service and since service.

The Board has decided to remand the case due to insufficient explanation in the VA examiner's opinion regarding whether the Veteran's right shoulder disability was incurred in service or is otherwise related to his active duty service.

The Veteran's TDIU claim for the period prior to March 28, 2014 was denied as his service-connected disabilities did not meet the schedular criteria for a TDIU and there is no evidence of unemployability due to these conditions.

The Board has decided that the Veteran's right shoulder disability and muscle spasms are not service-connected. The case is being remanded for further examination.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective from November 19, 2008. The decision finds that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected back and left shoulder conditions.

The Board has determined that there has not been substantial compliance with the March 2022 remand directives and the claims are being returned for further development.

The Board has granted service connection for a left shoulder condition and aggravation of a right eye cataract, finding that the Veteran's injuries occurred during active duty training.

The Board has remanded several issues related to service connection for various conditions, including PTSD, lumbar and cervical spine disabilities, left and right foot conditions, bilateral shoulder condition, bilateral hearing loss, and tinnitus. The Veteran's claims will be further developed to obtain legible service records and determine the nature and etiology of her claimed conditions.

The Board has dismissed the Veteran's appeals for service connection of a right shoulder condition, left shoulder condition, and hemorrhoids. The Board has also granted service connection for left knee degenerative arthritis and right knee degenerative arthritis.

The Board has granted service connection for a right shoulder disability, diagnosed as arthritis, finding that the Veteran's current condition is related to an in-service injury and that symptoms have continued since separation from service.

The Veteran's service-connected disabilities do not render him unemployable, as he can perform the tasks required in sedentary employment considering his education and occupational experience.

The Board has denied the Veteran's claim for service connection for a right shoulder condition, finding that there is no evidence of aggravation beyond its natural progression during service and concluding that his current right shoulder strain is not related to service.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's right shoulder disorder. The Veteran contends that his current condition is related to service, specifically playing football and a fall during active duty.

The Veteran's claims for tinnitus, bilateral hearing loss, and a right shoulder disability were granted effective June 26, 2017. The Board found that the earliest date on which service connection could be established was June 26, 2017, when the VA Regional Office received his notice of intent to file a claim for compensation.

The Board has decided to remand the case due to inadequate medical opinions and needs further examination for a proper determination on service connection for the left shoulder disability.

The Veteran's throat disorder, lung disability, and right shoulder disability have not been found to be service-connected.,Effective October 31, 2014, the Veteran is rated at 10 percent for tinnitus.

The Veteran's appeal includes multiple issues related to his service-connected conditions and new claims. The Board has determined that these matters are inextricably intertwined with the previously adjudicated issues, and thus must be remanded for further consideration.