Shoulder decisions — 2024

The Veteran's cause of death was not due to a service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318 or survivor's pension benefits. The appeal for accrued benefits is also denied.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, right shoulder disability, left shoulder disability, and left knee disability due to lack of new and relevant evidence.

The Veteran's appeal for service connection for tinnitus was dismissed due to procedural issues. The VA granted an initial disability evaluation of 10 percent for left foot strain and denied any higher evaluations for the left long finger and ring finger disorders. The Board has remanded the claims for service connection for right and left knee disorders and right and left shoulder disorders, as a VA examination is needed.

The Veteran's claim for a headache disability was denied as there is no evidence of current symptoms or treatment.,Service connection for bilateral hearing loss and erectile dysfunction were also denied due to lack of evidence of current disabilities.

The Veteran's TDIU is denied as the earliest effective date allowable for the grant of a TDIU is January 28, 2021 due to service connection for PTSD.

The Board has granted a 60 percent evaluation for the Veteran's right shoulder disability, effective December 1, 2020.

The Board dismissed all the issues of entitlement to service connection for various conditions as the Veteran withdrew his appeal.

The Board has denied the Veteran's claims for service connection for left knee, right knee, left shoulder, and right shoulder disabilities due to a lack of evidence showing continuity of symptomatology from service.

The Board has dismissed the appeal for all claims of service connection, including left shoulder degenerative arthritis, right shoulder degenerative arthritis, left foot degenerative arthritis, right foot degenerative arthritis, and an acquired psychiatric disorder.

The Board has granted service connection for obstructive sleep apnea and dismissed the remaining claims. The Veteran's obstructive sleep apnea is found to be at least as likely as not caused by his service-connected left and right ankle disabilities, left and right knee disabilities, right shoulder disability, lumbar spine disability, and depression.

The Board has granted service connection for retrocalcaneal Achilles bursitis of the left lower extremity, left shoulder pain impairment syndrome, and a low back disability manifesting as pain. The decision is based on credible lay evidence and medical records that support the Veteran's account of symptoms during active duty.

The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors, including inadequate VA examination opinions and failure to obtain examinations for all claimed disorders.

The Veteran's PTSD and bilateral shoulder and knee disabilities were denied increased ratings, while the TDIU claim prior to January 29, 2020, was also denied.

The Board has granted the Veteran's claim for service connection of a left shoulder condition as secondary to his service-connected right knee disability.

The Veteran's headaches (migraines) are found to be due to his military service, and service connection is granted. The Board also remanded the issues of service connection for left foot condition, right foot condition, left knee condition, right knee condition, left wrist condition, left shoulder condition, right shoulder condition, lower back condition, sciatica with numbness (LLE), and sciatica with numbness (RLE).

The Board has remanded the Veteran's claims for sleep apnea, other specified sleep-wake disorder, right shoulder injury, and right shoulder scar due to inadequate VA examinations. The RO must obtain new opinions addressing the Veteran's lay statements and medical records.

The Veteran's claims for PTSD and any other acquired psychiatric condition are remanded due to the need for additional evidence regarding the validity of his claimed stressor.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for respiratory condition (Asthma) are remanded due to discrepancies between STRs regarding asthma history and the 2020 non-VA provider's opinion. The AOJ should obtain an addendum opinion to clarify whether the Veteran's current Asthma is related to service or pre-existed service.,The Veteran's claims for right knee condition are remanded as there was insufficient verification of a contended in-service stressor. The 2020 non-VA provider provided a nexus opinion, but it did not address or reconcile the Veteran's history of chronic daily alcohol use which can have similar symptoms to TBI.,PTSD service connection is remanded due to insufficient verification of a contended in-service stressor and lack of adequate VA examination. The AOJ should obtain an addendum opinion addressing whether the Veteran has a current TBI or residuals related thereto.

The Board has granted service connection for the Veteran's left shoulder disability as secondary to his service-connected right shoulder disability. The evidence shows that the Veteran's left shoulder disability is aggravated by his right shoulder disability.

The claims for service connection related to the endocrine system, hematologic and lymphatic systems, neurologic conditions and convulsive disorders, infectious diseases, immune disorders, and nutritional deficiencies have been dismissed. The Veteran's entitlement to service connection for sequelae of pericardial effusion, conduction abnormalities requiring ablation and pacemaker, and resultant heart failure, as well as esophagitis and GERD, has been granted.

The Board has determined that new and relevant evidence has been submitted for the claims of service connection for bilateral hearing loss, tinnitus, right shoulder disability, right bicep tendon adhesion, and back disability. These claims are being remanded to allow for further development.