Shoulder decisions — 2024

The Board denied the Veteran's claim for an earlier effective date prior to October 13, 2010, for his grant of service connection for left shoulder degenerative arthritis based on clear and unmistakable error (CUE), finding that CUE was not shown in the September 2003 rating decision.

The Veteran's appeal is remanded due to errors in the rating and service connection determinations for his hearing loss disabilities, shoulder pain, and arthritis. The issues of right ear hearing loss disability, bilateral shoulder pain (right), and residual of pain status-post right rotator cuff tear repair are being addressed.

The Veteran's right shoulder disability, which includes a fracture dislocation with capsulitis and osteoarthritis, has been granted an increased rating to 30 percent effective December 15, 2020. The current range of motion is limited to 90 degrees for flexion and abduction.

The Board denied service connection for a left shoulder condition and dismissed the appeal for TDIU prior to January 26, 2011 on an extraschedular basis.

The Board has determined that the VA examinations provided for the Veteran's right shoulder, right ankle, and bilateral knee disabilities are not compliant with the requirements in Sharp v. Shulkin and Correia v. McDonald. Therefore, these matters must be remanded to obtain new VA examinations.

The Board has remanded the claims for left and right shoulder disabilities due to incomplete VA examinations. The AOJ will obtain a new medical opinion to address whether the Veteran's current shoulder conditions are related to his service.

The Veteran's service connection claim for discogenic disease, lumbar spine is granted as the Board finds that his current disability arose during service.,Service connection for shoulder, left (claimed as osteoarthrosis) is denied due to lack of evidence linking the condition to service.

The Board has remanded the claims for service connection for various knee and spine disabilities due to a lack of VA examinations, which are necessary to determine if there is a link between the claimed conditions and active duty.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining his private medical records and inadequate opinions from VA examiners. The AOJ is instructed to obtain these records and provide adequate opinions.

The Veteran's mood disorder is granted as it was caused by the medications taken for his service-connected gastroesophageal reflux disease (GERD).,Service connection for left and right knee disabilities is denied due to lack of evidence showing a chronic disability in service or within one year after separation.

The Board has granted the Veteran's appeal for recognition of his August 2, 1994, correspondence as a valid and timely Notice of Disagreement (NOD) regarding the June 16, 1994, rating decision. The issues of service connection for various disabilities remain pending and must be remanded to allow for proper procedural development.

The Board has granted service connection for Obstructive Sleep Apnea, Gastroesophageal Reflux Disease, and Allergic Rhinitis. The acquired psychiatric condition claim is denied.,Service connection was established for Right Shoulder Rotator Cuff Tendonitis with Degenerative Arthritis.

The Board has dismissed the Veteran's appeal for service connection of a left shoulder disability.,Service connection is granted for an acquired psychiatric disorder, including PTSD, anxiety, and depression. The Veteran's in-service stressors are linked to his current symptoms.

The Veteran's right shoulder disorder, which resulted in a total right shoulder replacement, is now rated at 60 percent. The condition manifests with severe pain and limited motion.

The Veteran's bilateral flat feet, left ankle condition, left knee condition, right knee condition, right ankle condition, and right leg condition are all granted as service connection is established based on the evidence of record.,The Veteran's left shoulder rotator cuff tendonitis (claimed as left shoulder condition) and right shoulder strain (claimed as right shoulder condition) are also granted as service connection is established based on the evidence of record.

The Veteran's claim for service connection for left shoulder disability was denied due to the lack of a formal or informal claim prior to June 9, 2020. The effective date is set at June 9, 2020.

The Veteran's right leg hamstring strain and bilateral shoulder impingement syndrome have been granted service connection. However, his hearing loss has not met the criteria for a current disability under VA regulations.

The Board has decided to remand the case due to a duty to assist error and will require a new VA examination to determine if the Veteran's left shoulder disability is related to service.

The Veteran's claim for service connection for a left shoulder condition is granted with an effective date of September 23, 2020. The rating for the left bicipital tendonitis to include rotator cuff tear, acromioclavicular joint osteoarthritis and status post shoulder separation claimed as left shoulder, limited motion remains at 20 percent.

The Veteran's appeals for service connection were denied, and the appeal for a total disability rating based on individual unemployability was remanded. The VA found no evidence to support higher ratings or separate evaluations for his disabilities.