Shoulder decisions — 2024

The Board has remanded the Veteran's claims for service connection due to environmental hazards, as they are related to his military service and exposure to toxic substances. The effective date is not specified.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right shoulder disorder, specifically whether it is related to his military service.

The Veteran's right shoulder condition is related to his military service and the claim for service connection has been granted.

The Veteran's claim for a higher initial rating for his left shoulder disability is granted, with an effective date of July 1, 2014.

The Board has denied service connection for gastroesophageal reflux disease (GERD), irritable bowel syndrome, lung condition, left elbow condition, right elbow condition, and right shoulder condition as there is no current evidence of these conditions.

The Veteran's left calf muscle tear/pain claim is denied as there is no current disability.,Her ovarian cyst and residuals status-post ovarian cyst removal by laparoscopy claim are denied as she does not require continuous treatment for her condition.,The Veteran's chronic kidney insufficiency grade III, to include as secondary to a service-connected disability to include migraines and hypertension, is remanded due to duty to assist error.,Her left shoulder disability claim is remanded due to duty to assist error.,Her left foot numbness claim is remanded due to duty to assist error.

The Veteran's claims for tinnitus and migraines have been dismissed due to untimely filing. The claims of service connection for nervousness, sleep disturbance, left shoulder condition, left arm condition, left forearm (elbow) condition, left wrist condition, left hand carpal tunnel, right pinky and ring finger condition, right hip condition, benign cysts on hip, and bilateral eye condition have been dismissed as they are not supported by current medical evidence of a diagnosed mental health disorder or physical injury.

The Board has determined that the VA examination provided in August 2020 was inadequate for addressing the appellant's claim of service connection for a left shoulder disability. The examiner did not provide sufficient rationale or medical history to support their conclusion, and thus the case is being remanded for further evaluation.

The Veteran's right shoulder rotator cuff tendonitis, lumbar retrolisthesis and spinal narrowing from September 30, 2019 to December 8, 2020, and major depressive disorder have been granted initial ratings of 20 percent, effective as of the date of the decision.

The Board has remanded the issues of service connection for low back disability, left shoulder disability, left knee disability, and right knee disability due to insufficient evidence or procedural deficiencies.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to the withdrawal of the appeal by the Veteran and his attorney.

The Board has remanded the claims for service connection due to duty-to-assist errors, including obtaining records from non-VA providers and verifying periods of active duty for training.

The Veteran's service-connected disabilities prevented her from obtaining or retaining substantially gainful employment since May 20, 2017. Her TDIU claim is granted with an effective date of May 20, 2017.

The Board denied the Veteran's claim of service connection for glenohumeral joint osteoarthritis of the left shoulder as due to a service-connected left knee disability, finding that his unsupported lay statements concerning a post-service fall down the stairs in 1996 resulting in a left shoulder injury are not credible and do not establish an etiological link between his service-connected left knee disability and glenohumeral joint osteoarthritis of the left shoulder.

The Board has decided to remand the claims due to a failure to provide a new VA examination and medical opinion in light of the Veteran's complaints of functional impairment, as per Saunders v. Wilkie (2018).

The Board has determined that the Veteran's gastroenteritis claim must be remanded due to a lack of evidence showing current disability. The remaining issues on appeal are also remanded for additional development.

The Veteran's right shoulder ACL joint osteoarthritis and left shoulder strain have been granted increased ratings of 40% and 30%, respectively, effective March 9, 2020. The Veteran is also now eligible for a TDIU based on his service-connected disabilities.

The Veteran's claims for service connection for left shoulder and right knee disabilities have been denied.,The Veteran's claims for service connection for right shoulder and left knee disabilities are being remanded for further development.

The Board has remanded the claims for diabetes mellitus, nephropathy, coronary artery disease, right shoulder disability, and left shoulder disability due to a failure to provide notice of the Veteran's right to a hearing before VA.

The Board found that the Veteran's request for a Higher Level Review was timely due to good cause, and thus the AOJ's decision denying service connection for various conditions is now reconsidered.