Shoulder decisions — 2023

The Board has remanded the claims for right and left knee disabilities, as well as shoulder disabilities. The RO is instructed to obtain private medical records from identified providers and associate physical therapy records with the claims file.

The Veteran's deviated septum nasal passage is not related to service, and the appeal for this issue is remanded.,The Veteran's right shoulder strain with rotator cuff tendonitis and ACL joint arthritis does not warrant a rating in excess of 20 percent.,The Veteran's bilateral pes planus warrants further examination as it does not meet the criteria for a higher rating.

Service connection for a neck condition and right shoulder condition is denied.,The Veteran's tinnitus claim is granted, but the issue of service connection for bilateral ear condition to include bilateral hearing loss needs further examination.

The Veteran's petition to reopen claims for low back, right knee, and left knee conditions were denied due to lack of new and material evidence.,Service connection for left ear hearing loss was granted based on in-service noise exposure.

The Board denied the Veteran's claim for service connection of his left shoulder disability, finding that there is no credible evidence linking his current condition to his military service.

The Veteran's appeal for hypertension has been withdrawn. The Board finds that the evidence does not support a diagnosis of an acquired psychiatric disorder, and thus service connection is denied.,Service connection for an acquired psychiatric disorder (mood disorder) is denied as there is no persuasive evidence of such a condition during or proximate to the pendency of the appeal period.

The Veteran's CRDP benefits should be adjusted to reflect the correct effective date and any monies owed.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities, including pes planus, bilateral ankle and knee disabilities, left shoulder disability, right hand scar, and bilateral hearing loss. The combined rating of these conditions exceeds the schedular requirement for a TDIU.

The Veteran's obstructive sleep apnea, right shoulder condition, left shoulder condition, right elbow condition, and left elbow condition are all granted as service-connected.,Reasoning: The evidence shows that the Veteran experienced these conditions during his active duty service and continues to experience them post-service.

The Veteran's appeal for service connection for a right shoulder strain has been dismissed as the Veteran withdrew his appeal prior to the Board making a decision.

The Board has remanded the TDIU claim due to additional development being necessary, including obtaining employment information from the Veteran's employers and reviewing his Community Care Program records. The case will be readjudicated after any further development.

The Veteran's PTSD is granted as service-connected. The cases for left-hand, left leg, left shoulder, and neck disabilities are remanded for further examination and opinion. The case for a compensable disability rating for bilateral hearing loss and a disability rating in excess of 10 percent for low back strain with degenerative arthritis of the spine is also remanded.

The Veteran's lumbar spine disorder is granted service connection. Service connection for left ear hearing loss, right ear hearing loss, right shoulder disorder, left shoulder disorder, left hip disorder, and right knee disorder are denied. Service connection for prostate cancer residuals is granted.

The Veteran's claims for increased ratings and service connection were denied. The decision does not specify the exact reasons, but it appears that the evidence did not meet the criteria for a higher rating or service connection.,The Board found no evidence of complete atrophy of both testicles in the case of epididymitis, which resulted in denial of an initial compensable rating. For GERD, there was only one symptom (pyrosis) and no need for continuous medication. Dermatitis required near-constant use of systemic therapy but did not meet the criteria for a higher rating under Diagnostic Code 7806. The Veteran's sleep disorder claim was denied as his symptoms were subsumed in his service-connected psychiatric disability, and there is no separate diagnosis of sleep apnea or left shoulder disability.

The Board has determined that additional development is needed for the claims of increased ratings for right shoulder and back disabilities due to outdated examination reports. The Veteran will need to undergo more current examinations to determine the current severity of their service-connected conditions.

The Board has remanded the case due to insufficient examination report, and service connection for Right Shoulder Disability is denied. Service connection for Bilateral Knee Disability remains pending.

The Veteran's erectile dysfunction is not service-connected and denied.,A rating in excess of 20 percent for right shoulder impingement syndrome, to include rotator cuff tear, is denied.,A rating in excess of 10 percent for lumbosacral strain/spine and intervertebral disc syndrome prior to March 22, 2023, is denied. From March 22, 2023, a rating in excess of 40 percent is also denied.,A rating of 40 percent for sciatic nerve radiculopathy, left lower extremity, and a rating of 40 percent for sciatic nerve radiculopathy, right lower extremity, are granted.

The Board has dismissed all claims of service connection for various conditions as the Veteran died during the appeal process.

The Board has determined that further development is needed for the Veteran's claims of PTSD and right shoulder condition due to potential worsening symptoms since their last examinations. The Veteran will need new VA examinations to assess the severity of his service-connected conditions.

The Board has remanded the claims for service connection for a right shoulder disability and an acquired psychiatric disorder due to insufficient evidence regarding their etiology. The Veteran's attorney requested information about VA examiners' qualifications, which is now required.