Shoulder decisions — 2024

The Board has granted the Veteran's claims for service connection for dermatitis or eczema, frequent indigestion and heartburn, and left shoulder disability due to new and relevant evidence submitted after the initial decisions.

The Board has granted the Veteran's request to readjudicate his claim for service connection of a right shoulder disability and has determined that he is entitled to this benefit based on direct evidence linking his current condition to an in-service injury.

The Veteran's left shoulder arthroscopy with labral repair is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5201. The evidence does not support a higher rating.,Migraine headaches are currently rated at 10 percent and do not meet the criteria for a higher rating.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, except for the periods when he was already receiving a TDIU.

The Board granted service connection for right shoulder disability and TDIU on an extraschedular basis effective March 20, 2013. The AOJ implemented the decision.

The Veteran's bilateral shoulder conditions were granted increased ratings of 40 percent for the left shoulder condition and 30 percent for the right shoulder condition effective March 18, 2019.

The Board denied the Veteran's claim for an earlier effective date of January 18, 2018 for her total disability rating based upon individual unemployability (TDIU) due to the lack of evidence showing that her service-connected disabilities prevented her from obtaining and maintaining gainful employment prior to this date.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. The Board has also remanded for further examinations and opinions regarding the other claimed conditions.

The Veteran's appeals for service connection for cervical spine, left shoulder, and right shoulder disabilities have been dismissed.,There is no current diagnosis of a cervical spine, left shoulder, or right shoulder disability in the record.

The Veteran's tension type headaches are granted a 50% rating. The left shoulder instability with history of rotator cuff is denied as it does not meet the criteria for a higher rating. A noncompensable rating is granted for left shoulder scars. The low back disability, degenerative arthritis with IVDS, and radiculopathy in both lower extremities are all denied. Ratings in excess of 20% for left knee strain, right knee strain, hemorrhoids, and maxillary sinusitis are also denied. Service connection for sleep apnea is remanded.

The Veteran's claim for service connection for insomnia is granted. The claims for left shoulder, low back, right hip, and left knee disorders are remanded due to a pre-decisional error in failing to provide VA examinations.

The Board has dismissed the claim of service connection for a right shoulder disorder as it was previously addressed in another decision under the AMA appeals process. The claim for an initial higher rating for lung sarcoidosis disease is remanded due to duty to assist errors.

The Board has determined that the VA examinations obtained prior to the September 2020 rating decision were inadequate and remanded for further action. The Veteran's left shoulder, right knee, left knee, cervical spine (including radiculopathy and spondylosis), and back disabilities are all being remanded due to duty-to-assist errors.

The Veteran's claim for a higher rating for his service-connected left shoulder disability was denied as there is no evidence of unfavorable ankylosis, fibrous union, nonunion or loss of head of the humerus. The highest possible rating under current regulations is 30 percent.

The Veteran's appeal for service connection on all listed conditions was dismissed due to his disagreement with the denial of left flatfoot, which was granted in a prior decision. The remaining issues are remanded.

The Veteran's right shoulder, right knee (with limitation of flexion), and left knee disabilities have been rated based on their respective limitations. The current ratings do not meet the criteria for a higher rating in any of these cases.

The Board has decided to remand all issues on appeal due to the need for additional VA treatment records. The Veteran's claims for service connection are being returned for further review.

The Board has remanded the evaluations for left and right shoulder osteoarthritis, as well as the evaluation of left knee osteoarthritis. The effective dates remain pending.

The Veteran's claims for a higher disability rating for his left shoulder disability and TDIU are being remanded due to the need for additional medical examination and consideration of whether he is unemployable by reason of service-connected disabilities.

The Veteran's left knee and right shoulder disabilities are granted service connection, while his sleep apnea is denied. The Veteran's right ear hearing loss disability is granted with an effective date of August 16, 2020.