Shoulder decisions — 2023

The Veteran's left ankle injury, including Achilles tendonitis and osteoarthritis, is granted service connection. The Veteran's bilateral foot conditions are remanded for further examination and opinion. His hearing loss is remanded for a new VA examination to determine the current degree of impairment. Service connection for bronchitis is also remanded.

The Board denied service connection for a left shoulder disability, finding that it is not related to service or a service-connected condition.

The Board has granted service connection for the Veteran's low back, neck, left knee, right knee, right hip, left shoulder and right shoulder conditions as secondary to his service-connected ulcerative colitis. The case is remanded for a VA examination to determine the nature and etiology of the Veteran's right elbow condition.

The Board has remanded the claims for service connection for a sleep disturbance, to include sleep apnea, and an increased rating for GERD due to new evidence received within one year of the September 2016 rating decision.

The Veteran's application to reopen the claim of service connection for a right shoulder disability was denied. The claims for increased ratings for bilateral hearing loss, left knee, and right knee disabilities were also denied. The issues regarding effective dates for left ankle sprains and tympanic membrane tympanosclerosis (right and left) were dismissed.

The Veteran's appeal is being remanded for additional examinations and evaluations to determine the current severity of his service-connected conditions, as well as for further development regarding other issues. The Veteran will also receive a Statement of the Case (SOC) addressing all pending claims.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The Veteran's appeal for service connection of a left shoulder disability has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Board has received additional VA treatment records since the November 2019 SSOC that are relevant to the issues on appeal. The Veteran's case is being remanded for AOJ initial review of this new evidence and issuance of an SSOC.

The Board has found that new examinations are required to evaluate the current nature and severity of the Veteran's right shoulder, left knee, and right knee disabilities due to a record gap from December 2016 to July 2022. The Veteran's GERD disability is also remanded for further evaluation.

The Veteran's right shoulder condition prior to March 25, 2022 did not meet the criteria for a higher rating due to limited motion and dislocation.,The Veteran's right shoulder condition from May 1, 2023, met the criteria for a 50 percent rating.

The Board has remanded the claims for service connection for bilateral shoulder, hip, and elbow disorders due to potential exposure to toxic substances during military service in the Southwest Asia theater of operations. A VA examiner is needed to provide an opinion on whether these conditions are related to this exposure.

The Board has determined that there is insufficient evidence to support the Veteran's claim for service connection for a right shoulder disability and has ordered additional records to be obtained. The case will be remanded for further action.

The Veteran's claims for service connection have been granted, with the exception of asthma. The Board found that new and material evidence had been submitted to reopen the claim for asthma, and service connection was granted for obstructive sleep apnea. Other claims were remanded due to lack of STRs and Reserves records.

The Veteran's application to reopen his previously denied claim for service connection of a left knee condition was granted. Service connection is now established for left knee osteoarthritis and chondromalacia patella. The remaining issues, including those related to the neck, shoulder, sleep deprivation, lung disorder, and neuralgia, are remanded.

The Board has dismissed the Veteran's claims for service connection for muscle spasms, digestive disorder, bilateral shoulder disorders, right foot disorder, and left foot disorder. The reasons provided include that the Veteran did not serve in Korea and there were no reported symptoms of these conditions during or prior to his separation from active duty.

The Veteran's right shoulder disability is rated at 30 percent from April 1, 2014 to February 6, 2021. A TDIU and SMC at the housebound rate are granted starting from February 23, 2015.,A rating in excess of 30 percent for the right shoulder disability is denied throughout the appeal period.

The Board has remanded the Veteran's claims for service connection due to missing service personnel records (SPRs). The claims will be reconsidered after obtaining the SPRs and additional medical opinions are provided.

The Board has granted service connection for degenerative arthritis and degenerative disc disease other than IVDS of the back, osteoarthritis of the right shoulder, and osteoarthritis of the left shoulder. The decision is based on evidence showing that these conditions are at least as likely as not related to the Veteran's military service.

The Board has remanded the Veteran's claims for left shoulder disability and dizziness due to potential conflicts in medical opinions regarding their etiology. The Veteran is not competent to diagnose his conditions, and a remand is needed to clarify whether he has a left shoulder disability related to his cervical spine disability and to determine if his dizziness is related to service.