Shoulder decisions — 2024

The Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, thus the Board has granted entitlement to a total disability rating based on individual unemployability.

The Board denied service connection for a right shoulder disability, left knee disability, bilateral kidney disability, and skin disability.,There is no evidence of current disabilities in these conditions.

The Board has determined that the Veteran's claims for service connection for right shoulder impingement syndrome and cervical condition are remanded due to a failure to provide an adequate medical opinion regarding causation.

The Veteran's left ankle disorder is granted service connection. The right shoulder and right ankle disorders are remanded for further examination and opinion.

The Board has determined that the Veteran's right shoulder disability warranted a 30% rating as of December 12, 2019. The effective date for this increased rating is denied.

The Veteran's right shoulder disability is being readjudicated due to new evidence submitted after the March 2019 Board decision.,The Veteran's coronary artery disease (CAD) s/p CABG claim is remanded as it could significantly impact the service connection for frostbite (now claimed as cold weather feet injury).,The Veteran's frostbite (now claimed as cold weather feet injury) claim is being remanded due to a lack of examination or medical opinion.

The Board has granted service connection for neck cervical spine spondylosis, right shoulder degenerative joint disease, and bilateral upper extremity radiculopathy. The decision is based on the Veteran's credible reports of in-service injuries that led to current disabilities.

The Board has determined that the Veteran's right shoulder condition, including strain and SLAP tear, began during his active service and is not related to a pre-existing condition. The claim for service connection is granted.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of SMC based on the need for aid and attendance.

The Board has granted service connection for a right shoulder strain disability, finding that the Veteran's symptoms began during service and have persisted since then. The decision is based on the Veteran's credible report of symptoms during service and continuity of symptoms after discharge.

The Veteran's appeal for service connection of a psychiatric disability, left shoulder disability, hearing loss disability, tinnitus, and right lower extremity disability was dismissed due to untimely filing of the Notice of Disagreement (NOD).,The Veteran's claim for an initial rating greater than 10 percent for lumbosacral strain was denied as her symptoms did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has dismissed the Veteran's claims for right shoulder condition and PTSD, as no rating decision was issued by the AOJ within a year prior to his November 2022 Notice of Disagreement. The bladder cancer claim is granted due to presumed exposure to herbicide agents during service.

The Veteran's service-connected rheumatoid arthritis and related disabilities are found to prevent him from working, and the case is being referred for extraschedular consideration.

The Veteran's service-connected disabilities rendered him unable to obtain and follow substantially gainful employment, leading to a TDIU award effective April 1, 2017.

The Board has granted service connection for left shoulder impingement syndrome and chronic fatigue syndrome, finding that the Veteran's symptoms are at least as likely as not related to his military service. The rating assigned is pending further evaluation.

The Veteran's increased rating claims for his left and right shoulder disabilities are being remanded due to the need for a new examination to assess functional impairment caused by repeated use over time and flare-ups.

The Veteran's claim for a higher rating for thoracolumbar degenerative disc disease was denied. The Board found that the evidence did not meet the criteria for a higher rating, as his range of motion and muscle spasm were within acceptable limits. For the left shoulder disability, new and relevant evidence has been submitted since the last final denial in 2006, allowing the claim to be readjudicated.

The Board has granted a disability rating of 30 percent for the right shoulder disability, which is the maximum benefit sought. As this full grant of benefits means there remains no justiciable case or controversy before the Board, the appeal is dismissed.

Your right shoulder condition appeal is dismissed under the AMA as jurisdiction continues within the legacy appeal system.

The Board has denied a rating in excess of 20 percent for the Veteran's right shoulder disability and has remanded the issue of service connection for his neurocognitive/psychiatric disorder. The issues have been remanded due to duty-to-assist errors.