Shoulder decisions — 2023

The Board has determined that additional development is necessary prior to final adjudication of the service connection claims for left shoulder disorder, right shoulder disorder, right side broken collarbone, and right arm disorders. The case is REMANDED for further development including obtaining service treatment records and scheduling VA examinations.

The Veteran was awarded SMC based on the need for regular aid and attendance from January 14, 2004, to January 28, 2011. The Board found that he met the requirements for this benefit due to his service-connected disabilities.

The Board has decided to remand several issues related to the Appellant's service connection claims, including back disability, right knee disability, bilateral sciatica, neck disability, chronic headache disorder, and associated conditions. The decision also includes a request for additional medical records and examination.

The Board has remanded the Veteran's claims for left knee disability, right hand condition, right shoulder disability, left shoulder disability, and left wrist disability due to inadequate examinations and failure to consider relevant medical literature.,The TDIU claim prior to February 26, 2021 is also remanded as it could significantly impact the other claims.

The Veteran's left shoulder disability is currently rated at 30 percent, and the Board has decided to remand this case for a new VA examination to assess the current severity of her condition.

The Board has remanded several issues related to the Veteran's service connection claims, including for a right shoulder disability, left foot Morton's neuroma, traumatic arthritis of the left ankle, arthralgia of the left knee, post-concussive syndrome, depressive disorder with post-concussive syndrome (previously rated as personality change due to another medical condition), migraine headaches, and total disability rating based on individual unemployability. The AOJ is directed to obtain all VA treatment records scanned into VistA Imaging or other repository.

The Veteran's right shoulder disability is being remanded for a VA examination to determine the nature and etiology of her claimed condition, including whether it is related to service in Southwest Asia. The PACT Act presumption of exposure to burn pits has been established for the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's torn tendon left shoulder is related to his military service. The VA examiner will need to provide a more detailed opinion on this issue.

The Board has denied the Veteran's claims for service connection for sleep apnea, right shoulder condition, and left shoulder condition due to a lack of evidence showing these conditions are related to his military service.

The Board has determined that the Veteran's right shoulder disability, diagnosed as right shoulder strain and arthritis, is related to an in-service injury. After considering all evidence, including the Veteran's reports of chronicity since service, the Board granted service connection for this condition.

The Board has reinstated the Veteran's 20% disability rating for his left shoulder disability, effective May 1, 1977, after finding that the reduction in rating from 20 to 10 percent was not properly considered.

The Board dismissed the appeal as moot because the issue of a higher rating for left shoulder strain with tendonitis is now resolved, and service connection has been granted.

The Veteran's claim for service connection for a sinus condition was dismissed as the grant of service connection in August 2022 resulted in a full grant of benefits sought on appeal.,The Veteran's claim for TDIU was also dismissed as the RO granted service connection effective December 17, 2016.

The Board has determined that the VA examinations conducted in March 2021 did not consider all relevant service treatment records, and thus requires additional addenda to those examinations. The appeal is being remanded for further development.

The Veteran's claim for service connection for a right shoulder disability has been reopened, and the case is now remanded for further examination and consideration.

The Veteran's claim for pain radiating to the left buttocks and leg was dismissed as he withdrew his appeal.,Claims for right foot, right knee, and left knee disabilities were reopened due to new evidence.

The Veteran's service-connected disabilities, including degenerative changes of the cervical spine, right knee disability (instability and limitation of motion), right shoulder disability, left knee disability (painful motion), and ulcer, prevent him from maintaining substantially gainful employment consistent with his occupational experience.

The Board has denied service connection for left shoulder disability, lymphatic cancer of the neck, oropharyngeal or tonsil cancer, hypertension, and acquired psychiatric disability. The Veteran's left shoulder disability is not related to military service, his cancers are more likely due to GERD and alcohol use rather than exposure in service, and there was no evidence of hypertension prior to death.

Service connection for tinnitus, right hand disability, left shoulder disability, and low back disability is granted.,The Veteran's tinnitus had its onset during service. The right hand disability was incurred as a result of service. The left shoulder disability was also incurred as a result of service.

The Board has remanded the Veteran's claims for service connection due to outstanding medical records and additional opinions are needed.