Shoulder decisions — 2023

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since April 8, 2017. The effective date for the grant of TDIU is set at April 8, 2017.

The Veteran's service connection for residuals of traumatic brain injury and increased rating for right shoulder disability are granted. The right shoulder disability is rated at 30 percent from August 22, 2018.

The Veteran's claims for increased ratings for various conditions are being remanded due to a failure to obtain Social Security Administration (SSA) records.

The Veteran's appeal includes multiple issues related to various disabilities, including tinnitus, shoulder and knee conditions, vertigo, migraines, GERD, ED, and hearing loss. The Board has remanded these issues for further development.,The Veteran is seeking service connection for several disabilities that are secondary to his service-connected psychiatric disorder.

The Veteran's claims for increased ratings for various conditions are being remanded due to a failure to obtain Social Security Administration (SSA) records.

The Veteran's appeals for higher disability ratings for left shoulder strain and left elbow olecranon bursitis have been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has determined that the Veteran's right shoulder arthritis is not related to his service and denied his claim for service connection.

The Veteran's claims for effective dates prior to September 8, 2018, for the grants of service connection for neck and right shoulder disabilities are denied.,The Veteran's claims for initial ratings in excess of 10 percent for neck disability and right shoulder disability are remanded due to duty-to-assist errors.

The Board has remanded the claims for service connection for left knee, right knee, and right shoulder disabilities due to pre-decisional duty-to-assist errors.

The Veteran's asthma is related to exposure to burn pits while serving in Saudi Arabia. The Board granted service connection for this condition, finding it meets the criteria for presumptive service connection under the PACT Act.

The Board has determined that there are outstanding service treatment records and has ordered the VA to attempt to obtain these records. The claims for service connection under Chapter 17 of Title 38, U.S.C., will be remanded for further development.

The Veteran's right and left shoulder disabilities are granted as service-connected.,Service connection for sleep apnea, right ankle disability, and left ankle disability is also granted.

The Board has dismissed the Veteran's appeals for higher ratings on his right shoulder, right knee, left knee, and Total Disability Rating Independent of Service Connection (TDIU) claims due to an error in filing process. The Veteran opted into the modernized system, effectively withdrawing his legacy appeals.

The Veteran's claims for service connection of headaches, left shoulder pain, and sleep apnea have been reopened due to the submission of new evidence. The Board has determined that this evidence is sufficient to reopen the claims.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) for the period prior to October 5, 2011, finding that the weight of the evidence did not support his inability to secure and maintain substantially gainful employment due to service-connected disabilities.

The Veteran's cervical spine, bilateral knee, left shoulder, right ankle, and right ankle scar disabilities have been granted service connection.,Residuals from a head injury (including traumatic brain injury and headaches) and bilateral detached retinas are remanded for further examination.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to higher ratings for his service-connected coronary artery disease and for service connection for a right shoulder condition and an acquired psychiatric condition. The issues are being remanded due to conflicting medical opinions and the need for further examination.

The Board has determined that more development is necessary to determine the nature and etiology of the Veteran's claimed bilateral shoulder disability, including whether it is related to his service-connected epilepsy disability.

The Veteran's claims for service connection for various musculoskeletal and psychiatric disabilities were denied as there was no evidence of a nexus between the claimed conditions and his military service.