Shoulder decisions — 2023

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claims for service connection for lower gastrointestinal distress with diarrhea, bilateral hearing loss, and right shoulder disability.

The Veteran's claims for service connection for chronic right and left ankle disorders, as well as chronic right and left knee disorders, have been denied. The Board found that the evidence did not support a finding of in-service injury or disease related to these conditions.,For his chronic right shoulder disorder and chronic left shoulder disorder, the Veteran's claims were also denied.

The Veteran's tinnitus was granted service connection. The claims for PTSD, left shoulder condition, left hip injury, migraine headaches, and gynecologic fibroid cysts are remanded due to a duty-to-assist error.

The Board dismissed the claims for service connection of various knee and shoulder disabilities, as well as the restoration of a rating for right hip and femur osteopenia. The claim for sinusitis and rhinitis was granted on a presumptive basis due to exposure to burn pits during service.

The Board has decided to remand the case due to inadequate VA examinations and requests for a new examination.

The Board has determined that the Veteran's service records have not been fully verified and additional development is needed to determine his periods of active duty, ACDUTRA, INACDUTRA, and FTTD. The AOJ must also obtain all outstanding complete service treatment records and service personnel records from the United States Navy, the United States Navy Reserve, the Kansas Air National Guard, and the Colorado Air National Guard.

The Board has ordered the AOJ to complete several actions related to the Veteran's claim for additional VA disability compensation benefits under the CRDP program, specifically for the period prior to March 1, 2010. The AOJ must obtain all relevant VA records and DFAS audit error worksheets, perform a paid and due audit, and readjudicate the claim.

The Board denied the Veteran's claim of service connection for a right upper extremity disorder, finding that clear and unmistakable evidence established that his pre-existing right shoulder labral tear did not worsen during service. The Board also determined that other diagnosed conditions (mild subacromial subdeltoid bursitis and right bicep tendinosis) were unrelated to his military service.

The Board has reopened the Veteran's claims for service connection for left ankle, left shoulder, and neck conditions due to new evidence submitted. However, these claims are still pending as further development is needed.

The Board has reopened the Veteran's claim of service connection for bilateral carpal tunnel syndrome and remanded the remaining issues due to new evidence submitted. The claims are now pending for further examination and opinion.

The Board has remanded the cases for further development due to inadequate VA examination reports and insufficient reasoning in previous decisions.

The Board has determined that new VA examinations are needed for the Veteran's shoulder and back disabilities due to the passage of time since the last VA examination. The earlier effective date claims are also remanded as they are inextricably intertwined with the increased rating claims.

The Veteran's claim of entitlement to service connection for sleep apnea and cervical spine disability has been reopened due to the submission of new medical evidence. The claims are now remanded for further development.,The Veteran's claims for right shoulder, right hand, fibromyalgia, asthma, chronic fatigue syndrome, costochondritis (chest pain), lumbar spine disability, and cervical spine disability have all been withdrawn by the Veteran.

The Board found that the Veteran's left shoulder dislocation disability had improved and no longer met the criteria for a 20% rating, thus reducing it to noncompensable effective November 1, 2018.

The Board has remanded the claims for increased ratings for right shoulder and right knee disabilities due to incomplete VA examinations. Further examination is needed to determine the current severity of these conditions from January 2016 to present.

The Board has remanded the Veteran's claims for service connection for lumbar spine, right shoulder, and left knee disabilities due to insufficient evidence in the record. The claims are also remanded for a new VA examination to determine the current severity of his service-connected right knee disability.

The Board has remanded the Veteran's claims for COPD, HTN, right shoulder strain, lower back disorder, and left lower extremity nerve damage due to potential toxic exposure during service. The Veteran is presumed to have participated in a TERA.

The Board has remanded the claims of service connection for a bilateral shoulder disability, right foot disability, hypertension, and an eye disability due to inadequate compliance with previous remand directives. The AOJ is directed to verify the Veteran's periods of military service and obtain relevant medical records.

The Board has remanded the Veteran's claims for cervical spinal stenosis and fusion, lumbar spine disability, right knee disability, left knee disability, right shoulder disability, and initial rating in excess of 20 percent for a left shoulder disability due to incomplete VA examinations and outstanding records.

The Board has remanded the Veteran's claims for service connection for various disabilities, including cervical spine disability, right and left knee disabilities, left foot disability, radiculopathy of the right lower extremity, radiculopathy of the bilateral upper extremities, and bilateral shoulder disabilities. The claims are being returned to the RO for further development.