Shoulder decisions — 2023

The Veteran withdrew his appeals for the issues of entitlement to service connection for a right shoulder disability, erectile dysfunction, a right hip disability, and migraines.

The Veteran has withdrawn his appeal for the claims of a rating in excess of 20 percent for degenerative thoracolumbar spine, a 10 percent for degenerative disc disease of the cervical spine, a 10 percent for right shoulder anterior cruciate degenerative joint disease, and a 10 percent for a sinus condition. The appeal is also dismissed for service connection claims including bilateral hearing loss, diabetes mellitus, right hip arthralgia, peripheral neuropathy of the right lower extremity and left lower extremity, obstructive sleep apnea, and an acquired psychiatric disorder (claimed as adjustment disorder and PTSD).

The Board has granted service connection for a left shoulder disability, finding that the evidence is at least in approximate balance as to whether the Veteran's current left shoulder disability is related to his military service.

The Board has dismissed all issues related to service connection for various conditions due to the appellant's withdrawal of the appeal.

The Veteran withdrew his appeal for the claim of entitlement to service connection for right shoulder disability.

The Veteran's right shoulder injury, including the surgically placed orthopedic hardware, is now considered service-connected.

The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied as there is no legal basis for such.,Service connection for gum disease was denied because it does not constitute a compensable disability for VA compensation purposes.,Claims for total disability ratings due to hospital treatment or observation and convalescence have been denied due to lack of evidence supporting the required periods of hospitalization or convalescence.,Spousal aid and attendance prior to October 22, 2018 was denied as there is no evidence that the Veteran's ex-spouse needed regular aid and attendance.,Service connection for peripheral vestibular disease (PVD) has been remanded due to a conclusory opinion from the VA examiner.,Claims for bilateral hearing loss have been remanded as the Veteran alleges worsening since his last examination in October 2017.,Claims for various ankle, elbow, hip, knee, and shoulder conditions have all been remanded.

The Board has found a duty to assist error in not obtaining the Veteran's San Diego Naval Base Hospital records and SSA medical records. The case is being remanded for these records to be obtained.

The Veteran's claims for increased ratings have been remanded due to the need for further development. The initial rating for left-hand radicular nerve impairment remains at 30 percent, and the rating for painful scarring of the left anterior shoulder is still at 10 percent.

The Veteran's claim for service connection for PTSD is granted. The Board also remanded the issues of service connection for sinus disability, eye disability, left shoulder disability, gastroesophageal disability (heartburn), and skin disability.

The Veteran's right shoulder disability is rated at 30 percent prior to November 7, 2018 and at 40 percent from January 1, 2020. The Board has remanded the case for further development including obtaining VA treatment records, Social Security Administration (SSA) records, and a VA examination.

The Veteran's claims for service connection for cervical strain, left shoulder strain, right shoulder rotator cuff tendonitis, and cervical headaches have been granted. The Board found that the evidence is approximately balanced as to whether these conditions had their onset in service.

The Veteran's claims for right knee, respiratory, obstructive sleep apnea, skin cancer, migraine headache, lumbar spine, and right shoulder disabilities were denied. The claim for TDIU was also remanded.

The Board has determined that additional development is needed to address the Veteran's claims for service connection of various disabilities, including thoracolumbar spine, left knee, right knee, right shoulder, and right ankle conditions. The case will be remanded for further examination and opinion.

The Board has remanded the Veteran's claims for increased ratings, service connection, and TDIU due to conflicting opinions regarding his left deltoid disability and hearing loss. The case will be returned to the AOJ for further review.

The Board has remanded multiple issues related to service connection and rating for various conditions, including allergic rhinitis, sinusitis, migraine headaches, left shoulder disability, back disability, obstructive sleep apnea, and traumatic brain injury. The appeal is also remanded for VA examinations.

The Board has remanded the case due to an inadequate VA examination, and further investigation is needed to determine if the Veteran's right shoulder disorder is related to service.

The Board has remanded the Veteran's claim for service connection of a left shoulder/arm disability due to inadequate development and compliance with previous remands. The case is being returned for further examination and opinion.

The Board has remanded the cases for further development and examination. Service connection is denied for right shoulder disability, but service connection is granted for deviated nasal septum and a compensable rating is requested for right inguinal hernia repairs.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and other conditions were denied in a final November 2005 rating decision. The claims were reopened based on new and material evidence submitted after March 31, 2015, but the effective date remains unchanged as it is not earlier than March 31, 2015.