Shoulder decisions — 2023

The Veteran's appeals regarding his claims for service connection for bilateral hearing loss, and whether new and material evidence has been received in order to reopen claims of entitlement to service connection for right shoulder, left shoulder, right ankle, and left ankle disorders are dismissed due to procedural errors.

The Veteran's claims for increased ratings were denied. The left shoulder disability, diabetes mellitus, right and left upper extremity carpal tunnel syndrome, tinnitus, and ischemic heart disease all had their respective ratings either denied or not met the criteria for higher ratings.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims. As such, all issues on appeal are REMANDED for further development.

The Board has remanded the claims of service connection for a right shoulder disability, PTSD, and an acquired psychiatric disability other than PTSD due to new evidence submitted by the Veteran. The claims are being reopened as they include new and material evidence.

The Board has remanded the issues of service connection for cervical spine, right shoulder, and right wrist disabilities due to inadequate medical opinions provided in previous examinations.

The Veteran's claim for hypertension was dismissed as moot due to the grant of service connection. Claims for Hepatitis C, Hepatitis B, right foot hallux valgus and plantar fasciitis, and left foot plantar fasciitis were denied. The claim for rheumatoid arthritis was also denied.

The Board has determined that further evaluations are needed for the Veteran's service-connected right and left shoulder disabilities, right knee disabilities, left index finger arthritis, and asthma. The issues of entitlement to increased ratings have been remanded.

The Board has decided to remand the Veteran's claims for service connection for back and right shoulder disabilities due to inadequate medical opinions and a need for further examination.

The Board has remanded the Veteran's claims for diabetes, neuropathy, psoriatic arthritis, anxiety, right shoulder condition, and sleep apnea due to duty-to-assist errors. The RO is instructed to obtain a VA examination and medical opinion regarding possible exposure to chemicals during service.

The Veteran's claim for an earlier effective date for TDIU is denied. The Veteran does not qualify for DEA benefits prior to his current effective date of March 25, 2019. SMC based on housebound criteria was granted as of that same date.,The Veteran's claim for an earlier effective date for basic eligibility to DEA benefits is denied. The Veteran did not meet the criteria at the time of his TDIU award and thus cannot qualify for DEA benefits prior to March 25, 2019.,SMC based on housebound criteria was granted as of March 25, 2019.

The Board has determined that the claims for service connection for right knee disorder and right shoulder disorder should be remanded due to inadequate opinions regarding the onset of these conditions and their relationship to service or a service-connected disability.

The Veteran's right shoulder strain is currently rated at a 20 percent disability rating, effective August 6, 2009. The Board found that the evidence did not support a higher initial rating for his service-connected right shoulder disability and denied entitlement to a total disability rating based on individual unemployability.

The Veteran's claimed bilateral shoulder, neck, left arm, left finger, and back disorders were not incurred in or caused by service. The disorders were not aggravated by, proximately due to or the result of service-connected disabilities.

The Veteran's cervical strain, left hip strain, right shoulder strain, left shoulder strain, and lumbosacral strain are being remanded for additional medical opinions to determine if they are related to his in-service motor vehicle accident.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of bilateral hearing loss, bilateral tinnitus, carpal tunnel syndrome, left shoulder condition, and back condition. The claims are being remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has determined that additional development is required, including VA examinations and a review of her medical records.

The Board has determined that the Veteran's right shoulder subluxation clearly and unmistakably existed prior to service and was not aggravated by service. The current right shoulder disorders other than subluxation are considered to be due to wear and tear from preexisting chronic shoulder subluxation.

The Veteran's claims for service connection for shin splints, left leg and right leg are being remanded due to the need for additional medical opinions.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for his right shoulder condition is also being remanded.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment from March 2016 to November 24, 2019.

The Board has remanded the claims for service connection for right shoulder disability and sleep disorder (including sleep apnea) due to inadequate VA examinations. The Veteran's reports of symptoms in service are considered, as well as any potential aggravation by his service-connected PTSD.