Shoulder decisions — 2024

The Veteran's service-connected disabilities prior to March 6, 2020, did not meet the schedular requirements for a TDIU. However, VA policy requires that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities be rated totally disabled. The Board finds remand necessary to refer the claim to the Director of Compensation Service for extraschedular consideration.

The Veteran's claim for service connection for chronic pneumonia, right shoulder disorder, left elbow disorder, neck disorder, osteopenia of the bilateral hands, wrists, hips, ankles and feet, and osteoarthritis of the lumbar spine has been denied. The Board found no current disability related to any of these conditions at the time of filing or during the pendency of his claim.,The Veteran's assertions regarding in-service injuries were not credible due to a significant lapse in time between service and post-service medical treatment, as well as inconsistencies with contemporaneous records.

The Veteran's service-connected right and left shoulder disabilities, cervical spine disability, carpal tunnel syndrome of the right hand, and major depressive disorder with PTSD caused a need for regular aid and attendance on a daily basis. The Board found that SMC based on this need was warranted.

The Board has previously denied the Veteran's claim for service connection for a left shoulder condition. The current decision again finds remand necessary due to inadequate opinion regarding the nature and etiology of the Veteran's claimed disability.

The Veteran's appeals for various ratings and service connection claims have been dismissed due to the death of the Veteran during the appeal process.

The Board dismissed the appeals for service connection of right shoulder, back, and bilateral knee disabilities under the modernized review system. The TDIU claim is remanded.

The Board has remanded the claims for hip pain, lower back pain, neck pain, and shoulder pain due to service-connected extreme physical training as an Infantryman.

The Board has granted service connection for a right shoulder disability, sinus disability, left ankle disability, and sleep apnea. The left foot disability is also granted as secondary to the service-connected left ankle disability.,Service connection was established based on direct evidence of a present disability and credible lay statements regarding in-service events.

The Board has denied service connection for tinnitus and arthritis, finding that there is no evidence of a current disability or continuity of symptomatology since service. The Veteran's claims are based on his in-service noise exposure and work-related activities, but the Board did not find a causal relationship between these factors and his current conditions.

The Veteran's claim for higher ratings for his service-connected left knee disabilities and shoulder disability is being remanded due to the need for additional medical opinions.,Service connection claims for right ankle, foot, and knee disabilities are also being remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and inadequate medical opinions.

The Veteran's right shoulder and wrist sprains are rated at the maximum allowable under VA rating criteria, with no additional ratings warranted based on functional loss or other factors.,The Veteran's left ankle sprain is currently rated at 10 percent prior to April 26, 2024, and 30 percent thereafter. The evidence does not support a higher rating.

The Veteran is granted special monthly compensation at the rate specified in 38 U.S.C. § 1114(r)(1) (SMC R-1) effective July 12, 2017 due to his service-connected osteopathic joint disabilities and acquired psychiatric disorder requiring constant need for aid and attendance.

The Veteran's right and left calcaneal spurs are granted service connection. The Veteran's bilateral hip and shoulder disabilities have been remanded for further examination and opinion.

The Veteran withdrew his appeal, requesting to withdraw all issues related to the initial evaluation for left shoulder strain and service connection for various conditions including right shoulder strain, right ankle sprain, left ankle sprain, anxiety, right knee disability, left knee disability, erectile dysfunction, lumbosacral strain, migraines headaches, right upper hand nerve damage, left upper hand nerve damage, and sleep disturbances and/or insomnia.

The Board has denied service connection for right knee strain and right shoulder condition. The Veteran's headaches are also being remanded for further evaluation.,Service connection is not granted for the Veteran's claimed right knee strain, right shoulder condition, or headaches.

The Board has decided to remand the Veteran's claims for sleep apnea, chronic back pain, right shoulder condition, and left shoulder condition due to a lack of VA examination in some cases.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors. The Veteran failed to attend scheduled VA examinations and the AOJ did not properly develop the claim in accordance with M21-1 provisions governing claims involving foreign residency.

The Veteran's right shoulder condition is granted service connection. The evaluations for IVDS and sciatic radiculopathy are remanded. Service connection for chronic cough, sinusitis, allergic rhinitis, bilateral plantar fasciitis, and left shoulder condition are also remanded.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his left shoulder disability, including any additional range of motion loss during flare-ups or after repetitive use.