Shoulder decisions — 2023

The Board has granted service connection for left shoulder strain, DDD of the lumbar spine, right knee strain, and a left knee condition. The conditions are found to have started during service.

The Veteran's initial rating for his service-connected left shoulder disability prior to January 18, 2012, is granted at 20 percent. From January 18, 2012, the Veteran's disability remains rated at 20 percent.

The Board has remanded the case due to incomplete development and an incorrect request for a medical opinion on secondary service connection instead of aggravation.

The Board denied the Veteran's claims for an effective date prior to December 17, 2015, and a higher initial rating for left shoulder arthritis (s/p arthroscopy). The Veteran did not continuously pursue or timely file a claim for service connection of his left shoulder condition after the September 2012 rating decision. As such, the effective date was set to December 17, 2015, and the initial rating of 20% is maintained.

The Veteran's tinnitus is granted service connection. The right shoulder and hearing loss cases are remanded for further examination and opinion. TDIU remains inextricably intertwined with the other issues.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's left shoulder rotator cuff tear is aggravated by his service-connected partial left foot drop with left knee arthritis.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, right shoulder, and left shoulder disabilities due to outstanding records and inadequate examination.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's right shoulder condition. The claim will be reviewed again with a new medical examination.

The Board has remanded the Veteran's claim for service connection for right shoulder disability, including glenohumbral and acromioclavicular joint osteoarthritis due to a lack of an adverse credibility finding regarding his lay reports of an in-service injury. The case is now pending with further examination and review.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's right shoulder disorder, including a lack of VA examination. The Veteran is not service connected for his right shoulder and needs an appropriate VA examination.

The Board has determined that the Veteran's claimed right hip, back, upper extremity neuropathy, and left shoulder disorders are not related to service. The conditions were first noted years after service and there is no medical evidence linking these conditions to service.

The Board has granted service connection for a left shoulder disability, low back disability, and right lower extremity radiculopathy as secondary to the low back disability. The decision is based on the Veteran's in-service injuries and continuous symptoms since service.

The Board has remanded the Veteran's claims for higher ratings for his back, knee and shoulder conditions due to inadequate examinations. The Veteran is seeking increased evaluations for these disabilities.

The Board has determined that the Veteran's depression is related to his service-connected disabilities, and thus remands for a VA examination to provide an opinion on whether his depression is caused or aggravated by these conditions.

The reduction of the rating for cirrhosis of the liver to include hepatitis C from 60 percent to 10 percent, effective July 1, 2021, was improper and the 60 percent rating is restored. The Board also found that there were issues with service connection claims for bilateral hearing loss, left shoulder disability, and eye disability due to incomplete service treatment records.

The Board has decided to remand the claims for service connection due to issues with character of discharge and other medical conditions. The specific reasons will be addressed by the AOJ in their further review.

The Veteran's claims for service connection were denied as they were received within one year of his separation from active service, and the effective dates cannot be earlier than August 1, 2013.

The Veteran's bilateral hearing loss and tinnitus are not service-connected as there is no evidence of these conditions during or immediately after service, nor any indication that they began in service.,Service connection for right shoulder disability, right foot disability, and left knee disability was denied due to lack of current diagnoses.

The Veteran's entitlement to service connection for CFS and fibromyalgia was severed in a March 2020 rating decision, so these claims are dismissed.,The Veteran's entitlement to service connection for IBS is denied.,The Veteran's entitlement to service connection for a respiratory disability is denied.,The Veteran's entitlement to service connection for a right shoulder disability is denied.,The Veteran's entitlement to service connection for a prostate disability is denied.,The Veteran's entitlement to service connection for a left knee disability is denied.,The Veteran's entitlement to service connection for a right knee disability is denied.,An initial rating of 50 percent, but no higher, for PTSD has been granted.

The Veteran withdrew his appeal for increased ratings in excess of the current assigned ratings for degenerative arthritis of the spine with IVDS, left hip strain, and right shoulder strain.