Shoulder decisions — 2024

The Board has remanded the Veteran's claims for service connection for left shoulder and foot disorders due to a lack of a VA examination addressing whether his conditions are related to service.

The Board has granted service connection for a right foot disability and a right shoulder disability, finding that the Veteran's conditions are related to his active duty service.

The Board has denied service connection for a right shoulder disorder, eye disorder, and acquired psychiatric disorder (PTSD, GAD, MDD). The case is being remanded to obtain verification of in-service stressors and to provide appropriate examinations.,Service connection will be considered if the Veteran's current condition is found to be related to his military service.

The Board has remanded the case due to a procedural issue where the AOJ did not accept the Appellant's timely VA Form 20-0996 Higher Level Review request for review of the June 2020 decision. The AOJ should now conduct a higher level review.

The Board has granted service connection for low back, neck, left knee, right knee, left ankle, right ankle, right shoulder, and right arm disabilities based on their onset during service.,Service connection is also granted for TMJ dysfunction and sleep-related bruxism, but the evidence does not support a link to service.

The Board has remanded the claims for service connection for right shoulder, right knee, and left knee disorders due to outstanding VA treatment records. The Veteran's hearing loss claim is denied as his bilateral hearing acuity does not meet the criteria for a compensable evaluation.

The Board has decided that the Veteran's claim of service connection for a left shoulder disorder must be remanded due to incomplete records and insufficient medical opinions. The claims file needs to be supplemented with National Guard, private treatment, and VA treatment records.

The Board denied service connection for lumbosacral spondylosis and degenerative disc disease, but granted service connection for left shoulder arthritis (claimed as bilateral shoulder tendonitis) and right shoulder arthritis. The decision is based on direct service connection.

The Board has decided to remand the Veteran's claims for service connection of left and right shoulder disorders due to inadequate medical opinions in the July 2023 rating decision. The Veteran is required to undergo a new VA examination to determine if his current shoulder conditions are related to his military service.

The Board found that the Veteran's left shoulder scars may have increased in severity while in service, and thus the original grant of service connection was not clear and unmistakable error (CUE). The appeal is granted.

The Board has granted service connection for a left shoulder disability as secondary to the Veteran's service-connected bilateral hip replacements, finding that the evidence is at least in equipoise and resolving reasonable doubt in favor of the Veteran.

The Board has granted service connection for the Veteran's right and left ankle strains, right shoulder impingement syndrome, and right ear hearing loss as these conditions are at least as likely as not related to his active service.

The Veteran's low back disability is not rated higher than 20 percent due to the lack of forward flexion limited to 30 degrees or less, and no favorable ankylosis.,The Veteran's left knee disability is not rated higher than 10 percent due to the absence of limitation of motion.

The Board has denied service connection for right and left shoulder disorders, finding that the current conditions are not related to service. The Veteran's complaints of shoulder pain were noted during a motor vehicle accident in 2009, which led to cervical myelopathy.

The Veteran's right ear hearing loss is granted effective November 3, 2020. Service connection for RLE radiculopathy and right shoulder tendonitis are also granted on a secondary basis to his service-connected lumbar spine disability.

The Board dismissed the appeal of the reduction in disability rating for right shoulder rotator cuff tear from 40 percent to 20 percent disabling, effective January 1, 2021, as the appellant withdrew his appeal.

The Veteran's right shoulder disability is granted a rating of 20 percent effective September 2, 2020. The claims for TMJ disorder and bruxism are remanded.

The Veteran's service-connected PTSD has rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for an award of SMC at the housebound rate.

The Board has granted service connection for tinnitus. The remaining issues of entitlement to service connection for various orthopedic and psychiatric disabilities are remanded due to a duty to assist error.

The Board denied the Veteran's motions to reverse or revise on the basis of clear and unmistakable error (CUE) in several rating decisions denying service connection for various conditions. The Veteran argued that VA failed to consider a truck accident during his military service, but the Board found no CUE as there was not clear evidence establishing the occurrence of the MVA.