Shoulder decisions — 2024

The appeal is dismissed with respect to the issue of entitlement to restoration of a 30 percent rating for right shoulder impingement syndrome with subluxation, status post labral tear repair (recurrent dislocation) on and after February 6, 2019.,Entitlement to an effective date of November 21, 2018, but no earlier, for the grant of a separate 30 percent rating for right shoulder impingement syndrome with subluxation, status post labral tear repair (limitation of motion) is granted.

The Board has determined that the Veteran's service connection claims for various orthopedic disabilities should be remanded due to a duty to assist error. The claims will now include medical opinions considering the Veteran's lay contentions about his in-service pain and duties.

The Board has denied service connection for left shoulder and right shoulder conditions, finding no evidence of current disabilities incurred or aggravated in service. The right knee condition is granted as already established.

The Veteran's appeal for a higher evaluation for his right shoulder strain with rotator cuff tear was dismissed because he withdrew the appeal prior to the Board making a decision.

The Veteran's OSA is granted, but his right hand arthritis, peripheral neuropathy of the upper and lower extremities, lumbar spine disorder, and other conditions are denied. The AOJ must obtain a proper examination for the issues not yet addressed.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has denied the Veteran's claims for service connection for Alzheimer's disease, degenerative disease of the cervical spine, left knee disability, left shoulder disability, and lower back disability. The evidence does not support a finding that any of these conditions began during or are otherwise related to active service.

The Board has granted a temporary total evaluation for one month following the April 23, 2018 right shoulder surgery due to therapeutic immobilization.

The Veteran's appeal for a higher rating for left shoulder strain, tendinopathy and rotator cuff syndrome is denied as the evidence does not show symptoms more nearly approximating limitation of motion to 25 degrees from the side.,The Veteran's stroke with residual deficit requires further examination due to internal inconsistency in previous VA examination results.

The Board has granted service connection for testicular hypofunction, sciatica, and right knee degenerative joint disease. Service connection was denied for fatigue, left ankle disability, right ankle disability, left shoulder disability, left wrist disability, and right wrist disability.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's muscle injuries, specifically a need for an examination and opinion on the severity of his condition.

The Veteran's appeals for service connection and rating for various disabilities, including right shoulder, left shoulder, bilateral hearing loss, and photophobia of the eyes, have been dismissed due to a grant of service connection for both shoulders in November 2023. The appeal for residuals of a perforated eardrum is denied as there is no evidence of such condition during the pendency of the claim.

The Veteran's right shoulder and lumbar spine arthritis are granted as service-connected. The left shoulder disability is remanded for further evaluation.

The Veteran's claims for increased ratings and TDIU are being remanded due to a duty-to-assist error. The AOJ must obtain relevant disability determination records from the Social Security Administration, as well as any state or local disability claim records if provided by the Veteran.

The Veteran's left and right shoulder disabilities are currently rated at 20 percent each, but the Board finds that a higher rating is not warranted based on current medical evidence.,The Veteran's lumbar spine disability is currently rated at 40 percent. The Board notes that unfavorable ankylosis of the entire thoracolumbar spine has not been established.

The Board has remanded the case due to a duty-to-assist error in the prior decision, requiring an addendum opinion on whether the Veteran's right shoulder disorder is aggravated by his service-connected left shoulder disability.

The Veteran's right shoulder strain was not manifested by flexion and/or abduction limited to 45 degrees (midway between side and shoulder level) or ankylosis, so the claim for a higher rating is denied.

The Board has decided to remand the case due to an inadequate medical opinion regarding the Veteran's right shoulder condition. The claim will be reconsidered with a new VA examination.

The claims for service connection have been granted, and the Veteran's disabilities are being remanded due to a lack of VA examinations.

The Board denied the Veteran's claims for service connection for bilateral plantar fasciitis and pes planus, cervical spine condition, lumbar spine condition, right shoulder condition, and gastrointestinal disability (GERD, gastroenteritis, gastritis) due to a lack of evidence showing these conditions were incurred or aggravated during active service.