Shoulder decisions — 2023

The Board dismissed the appeals for various conditions and issues as they were found to be duplicative.

The Board has remanded the claims for service connection for hypertension, right shoulder condition, and an acquired psychiatric disorder (to include PTSD) due to pre-decisional Duty-to-Assist errors.

The Veteran's hypertension is presumed to be related to herbicide exposure during service, granted service connection.,Service connection for right shoulder DJD and strain, left shoulder bicipital and rotator cuff tendonitis and arthritis, left finger arthritis, hyperlipidemia, right foot pain and onychomycosis, and left foot pain and onychomycosis is denied. The claims are remanded for further development.,The Veteran's service connection claim for these conditions is granted due to the PACT Act.

The Board denied increased ratings for degenerative arthritis of the left and right knees, as well as a major depressive disorder with anxious distress. The Veteran's knee disabilities were rated at 10 percent each, while his shoulder disability was rated at 20 percent.

The Veteran's service connection claims for bilateral hearing loss, left index finger disability, eye disability (flash burn in eyes), low back disability, and right shoulder disability are all denied. The AOJ is directed to provide VA examinations or obtain additional medical opinions regarding these claims.,The Veteran's service connection claim for a left index finger disability remains pending as the AOJ has not provided a VA examination.

The Board has determined that there were errors in the VA examination reports and thus remanded for further action on all issues related to service connection and disability ratings.

The Veteran's appeal for service connection for a left shoulder disorder has been withdrawn. The remaining issues have been remanded for further evaluation and clarification of the Veteran's conditions.,Issues related to right hip, right shoulder, left hip, bilateral hearing loss, heart disorder (to include CAD), sleep disorder (to include OSA), and chronic fatigue are being remanded for additional examination and analysis.

The Veteran's TDIU claim is granted as she meets the schedular criteria for a TDIU based on all her service-connected disabilities, which include a lumbar spine disability rated at 40 percent and other conditions. The effective date will be determined by the AOJ.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further development, including VA examinations.

The Board denied service connection for a low back disorder, arthritis including involvement of hips and shoulders, and atrial fibrillation (irregular heartbeat) due to the lack of evidence showing these conditions began during service or are related to service.,Specifically, the VA examiner found no link between current lumbar spine diagnoses and in-service injury, event, or disease. The Board also noted that there is no medical or scientific evidence linking the development of arthritis to Agent Orange exposure.

The Board has determined that the medical opinions regarding the appellant's Crohn's disease are inadequate and remanded for a new opinion. The issues of service connection for various conditions, including depression, gastroparesis, regional enteritis of small intestine, psoriasis, arthritis, and osteoporosis, are also being remanded due to the need for additional medical opinions.

The Board denied service connection for OSA, right elbow disorder, bilateral shoulder disorders, and hypothyroidism. The denial is based on the lack of a medical nexus between these conditions and service or any service-connected disabilities.

The Board has determined that the VA medical opinions obtained on remand are inadequate and requires further examination to determine if any of the Veteran's claimed disabilities are related to service.

The Veteran's claim of service connection for bilateral hearing loss has been reopened and is granted.,The Veteran's claims of service connection for migraine headaches, arthritis of the shoulders, knees, hips, and back have all been denied.

The Veteran's right shoulder disability is rated at 20 percent, effective July 1, 2018. The Board found that the evidence does not support a higher rating as his range of motion did not warrant a higher evaluation.

The Veteran's appeal for an increased disability rating for his service-connected left shoulder disability was denied. The evidence did not show that the condition warranted a higher rating prior to November 17, 2021, or since then.

The Board has determined that further remand is necessary to ensure compliance with VA's duty to assist in the evaluation of the Veteran's right shoulder, left ankle, and sleep apnea claims.

The Veteran's appeal is remanded due to failure to report for a scheduled shoulder examination. The duty to assist requires efforts to reschedule the examination and provide adequate notice.

The claim for service connection for a right ankle disability is granted. The Veteran's PTSD remains at a 70 percent rating, but the Board finds no evidence of total occupational and social impairment.

The Veteran's initial disability rating for miliaria was granted at 30 percent effective April 26, 2018. The increased rating claim for right hip osteoarthritis (limitation of flexion) was denied. Service connection was established for left hip osteoarthritis as secondary to service-connected right and left knee disabilities, degenerative arthritis of the spine, and deviated septum. Service connection for right shoulder osteoarthritis was also granted.