Shoulder decisions — 2023

The Board has remanded the case due to non-compliance with previous directives and additional evidentiary development is required, including a VA examination for carpal tunnel syndrome.

The Board has dismissed all claims as the Veteran withdrew their appeal by requesting a Higher-Level Review and opting all claims from the April 10, 2020 decision into the Appeals Modernization Act.

The Board has remanded the claims for service connection due to inadequate VA opinions. The Veteran's cardiovascular disorder and left shoulder disorder are being reviewed again.

The Board has denied a higher rating for right lower extremity radiculopathy and remanded the cases of left shoulder rotator cuff tear, lumbar arthritis, sinusitis, and deviated nasal septum. The Veteran's claims are now pending again due to incomplete medical examinations.

The Veteran's appeals for a higher rating for his right shoulder condition and PTSD have been withdrawn by the Veteran.

The Board has remanded the claims for prostate cancer and its secondary disabilities due to pre-decisional duty to assist errors, including failure to obtain private medical records and an inadequate VA opinion. The appellant is seeking compensation under 38 U.S.C. § 1151 for prostate cancer and service connection for various disabilities as secondary to his prostate cancer.

The Veteran's right shoulder tendonitis and cervical strain have been rated at 20 percent, but the lumbar degenerative disc disease with strain has not met the criteria for a higher rating. The Veteran's TDIU claim was denied.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Veteran's left shoulder disability, including a biceps tendon tear and rotator cuff tear, was not caused by the VA's care or treatment. The decision is remanded for further review.

The Board has remanded the claims for service connection for a pinched nerve in neck and PTSD due to errors in form submission. The Veteran's cervical spine disability claim is also being remanded for further examination.

The Veteran is granted service connection for a skin disability, right shoulder disability, and bilateral hearing loss disability. Service connection for a back disability, neck disability, and acquired psychiatric disorder (including PTSD and adjustment disorder) is denied.,Service connection for the skin disability is established based on in-service exposure to sun and headgear restrictions.

The Veteran has withdrawn all of his pending claims and appeals, including those related to bronchitis, dermatitis, tremors, chronic fatigue syndrome, right knee strain, low back strain, multiple scars on the left side of body, sinusitis with headaches, radiculopathy of the right lower extremity sciatic nerve, left shoulder rotator cuff tendonitis with degenerative arthritis, and irritable bowel syndrome.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's right shoulder condition and his service, as well as its relation to a service-connected back condition. A new VA examination is needed.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder and elbow disabilities due to a lack of conclusive pathophysiology and because the PACT Act requires VA to provide an examination if the Veteran submits a claim with evidence of participation in a toxic exposure risk activity (TERA) during active military service.

The Veteran's increased rating claim for his left shoulder disability is being remanded due to inconsistencies in the VA examination findings and need for clarification regarding whether he has a nonunion, malunion, or fibrous union of the humerus.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development of the evidence.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to new and material evidence. The effective date for the increased rating of 30 percent for headaches remains denied as there was no factually ascertainable increase in severity prior to May 24, 2018.,The Veteran's tension headaches are rated at 30 percent but not higher due to lack of very frequent completely prostrating and prolonged attacks. The left shoulder strain with degenerative arthritis is also rated at 20 percent as there is no limitation of motion that meets the criteria for a higher rating.

The Veteran's appeal for increased ratings for bilateral plantar fasciitis and left shoulder strain was denied. The reduction from a 50% rating to noncompensable for bilateral plantar fasciitis was also denied as improper.

The Board has denied service connection for right shoulder, left shoulder, and cervical spine disabilities due to a lack of evidence showing their onset during or within one year after active duty service, continuity of symptoms since service, or causation by service-connected conditions.

The Veteran's hypertension is granted with a 10% rating. The VA has ordered remand for additional evaluations of his coronary artery disease, right knee, and right shoulder conditions due to the possibility of worsening during the appeal period.