Shoulder decisions — 2024

The Veteran's appeals for service connection and increased rating were dismissed as the requests for extensions of time to file appeal forms were denied, and no good cause was shown.

The Veteran's appeal for left shoulder disability was withdrawn by the Veteran during his virtual Board hearing.,Service connection is granted for tinnitus, headaches, GERD, chronic pain syndrome, lumbar radiculopathy (legs and feet), lumbar radiculopathy (arms and hands), and unspecified depressive disorder. Service connection is denied for PTSD.

The Veteran's claim for an earlier effective date for DEA eligibility is dismissed as his eligibility was granted with an effective date of April 29, 2016. The appeal for SMC based on need for regular aid and attendance prior to June 27, 2019, is denied due to lack of evidence showing the Veteran required such assistance.

The Board denied the Veteran's claims for service connection for right shoulder osteoarthritis and right foot hallux rigidus, finding that new evidence did not support reopening of these claims.,For right shoulder osteoarthritis, the Board noted a current diagnosis but found no in-service disease or injury related to this condition. The claim was denied as there was insufficient evidence linking the current disability to service.

The Board has determined that additional development is needed to correct pre-decisional duty-to-assist errors and obtain the Appellant's National Guard service treatment records. The claims for bilateral hearing loss, right carpal tunnel syndrome, left knee disability, left carpal tunnel syndrome, low back disability, tinnitus, right shoulder disability, and right knee disability are remanded.

The Board has remanded the case due to a lack of adequate medical opinion regarding the etiology of the right shoulder disorder. The Veteran's service records do not show any diagnosis or treatment for a right shoulder condition during service, but he reported pain and other symptoms related to his shoulders in his separation report and subsequent VA treatment records.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for further examination. The Veteran is seeking service connection for various conditions, including her neck condition, left foot ganglion, left knee condition, right shoulder condition, left shoulder condition, and an acquired psychiatric condition (including PTSD, generalized anxiety disorder, and major depressive disorder).

The Board has remanded the claims for service connection for left shoulder, right shoulder, and neck conditions due to inadequate etiology opinions based on the Veteran's lay statements of continuous symptoms since service.

The Board has remanded the Veteran's claims for lumbar spine disorder and left shoulder disorder due to insufficient evidence at the time of the July 2020 rating decision. The AOJ is required to obtain additional medical opinions addressing all theories of entitlement.

The Veteran's hypertension is granted as presumptively associated with herbicide exposure under the PACT Act.,Service connection for arthritis of the left shoulder, right shoulder, left knee, and right knee is granted.

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The Board has denied the Veteran's claims for service connection for right shoulder condition and neck condition as there was no final decision at the time of his VA Form 10182, which did not identify which rating decision he was appealing.

The Veteran's appeal for an effective date earlier than December 1, 2020 for the addition of his dependent child D.D. to his compensation award was denied as there is no evidence of an earlier application submitted within one year of notification.

The Board has decided to remand the claims for service connection for bilateral shoulder disorders due to a duty to assist error. The Veteran's STRs and separation examinations are needed, as well as an opinion on the etiology of his shoulder conditions.

The Veteran has withdrawn his appeal regarding the claims for left shoulder with degenerative arthritis involving the glenohumbral and AC joints, claimed as loss of use of left arm, and a neck condition. As such, these issues are dismissed.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided prior to the June 2019 SOC. The VA must obtain addendum medical opinions addressing whether any currently diagnosed conditions are related to his in-service combat training and running with heavy equipment.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for bilateral shoulder disability and right lower abdominal hernia. The Veteran's vertigo is granted as secondary to service-connected hearing loss and tinnitus.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is granted entitlement to a TDIU. The increased ratings for lumbosacral strain and right knee tendonitis are denied.

The Veteran's service-connected back, neck, left shoulder, right knee, and left knee disabilities have been granted increased ratings from August 16, 2018. The highest rating of 40 percent has been granted for thoracolumbar strain with degenerative disc disease.

The Veteran's claims for service connection are being remanded due to procedural errors and the need for additional medical examinations.