Shoulder decisions — 2023

The Board has determined that the reduction of the Veteran's right shoulder disability rating from 40% to 20%, effective August 1, 2017, was improper and restored the original 40% rating.

The Board has remanded the cases due to a need for additional medical examination and consideration of medication effects on the Veteran's cervical spine and right shoulder disabilities.

The Veteran's service connection claim for folliculitis of the scalp is granted. The Board found that a current diagnosis of folliculitis was established during service and not due to any pre-existing condition or another service-connected disability.

The Board has determined that the Veteran's appeal should be restored to the VA legacy system and his September 2019 VA Form 10182 is accepted as a timely Notice of Disagreement (NOD). The Veteran will need to file a VA Form 9 substantive appeal to perfect his appeal for the issues on remand.

The Board has found that further development is required before adjudication of the service connection claims can proceed. The Veteran's Social Security Administration (SSA) medical records and VA treatment records from Monroeville, VA Outpatient Clinic need to be obtained.

The Veteran's tension headaches are rated at a maximum of 10 percent prior to March 9, 2023, and denied for any higher rating. The Board finds the Veteran's manifestations fully contemplated under the schedular rating.,From March 9, 2023, her tension headaches are rated at 50 percent, which is the maximum allowable rating.

The Veteran's claim for a rating in excess of 20 percent for shoulder arthritis is being remanded due to deficiencies noted in the August 2020 VA examination.

The Board has decided to remand the cases for a new VA examination and opinion regarding the Veteran's right and left shoulder disabilities due to inadequate rationale in the previous VA examiner's opinion. The examiner did not consider the Veteran's lay statements about his ongoing bilateral shoulder pain during service and after service.

The Board denied service connection for a right shoulder disability and a rating in excess of 40 percent for a lumbar spine disability. The claim for diabetes mellitus is remanded.

The Veteran's claims for service connection for left ankle and right shoulder conditions have been granted.,An effective date earlier than March 28, 2013 for the grant of service connection for left knee disability has not been established.

The Board has granted service connection for multiple conditions including left and right shoulder tendonitis, lumbar spine degenerative disc disease, cervical spine degenerative disc disease, left hip arthritis with subsequent replacement, right hip tendonitis, right and left knee patellofemoral pain syndrome, and left and right ankle tendonitis.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence, particularly regarding his in-service MOS and post-service activities. The Veteran is seeking service connection for various shoulder, hip, and ankle disorders that he believes are related to his military service.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the nature and etiology of his migraine headaches, jaw pain and facial spasms, left shoulder, forearm, and hand pain, cervical spine disability, and diplopia (double vision).

The Veteran is entitled to a total disability evaluation based on individual unemployability prior to February 13, 2015 due to his service-connected disabilities. On or after February 13, 2015, the combined rating of his service-connected disabilities does not meet the criteria for TDIU.

The Board has found the VA opinions inadequate and remanded for additional examinations to consider the Veteran's lay assertions regarding her in-service injuries.

The Board has restored service connection for a left shoulder disability due to the failure of the RO to provide the Veteran with his requested predetermination hearing.

The Veteran's left shoulder bursitis, tendonitis and deformity of the clavicle is currently rated at 20 percent. The Board denied a higher rating as his condition does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities, including anxiety disorder, sinusitis with rhinitis, back strain, right shoulder strain, and gastrointestinal reflux disorder (GERD), have prevented him from obtaining and maintaining substantially gainful employment. The Board has granted a total disability rating based on individual unemployability.

The Veteran's right shoulder and left shoulder disabilities have been rated at 20 percent each since April 7, 2016. The current rating of 30 percent for the right shoulder is denied as it does not meet the criteria for a higher rating.,The Veteran's left shoulder pain has been rated at 20 percent since April 7, 2016. The current rating of 20 percent is denied as it does not meet the criteria for a higher rating.,The Veteran's right knee patellar femoral syndrome and left knee patellar femoral syndrome have both been rated at 10 percent each since February 6, 2008. The current ratings are denied as they do not meet the criteria for a higher rating.,The Veteran's right knee instability and left knee instability have both been rated at 10 percent each since February 6, 2008. The current ratings are denied as they do not meet the criteria for a higher rating.

The Veteran's low back disability with radiculopathy to the bilateral knees is granted as service connected. The right knee, migraine, and right shoulder disabilities are remanded for further examination and opinion.