Shoulder decisions — 2024

The Board has remanded the claims of increased rating for TMJ dysfunction, service connection for generalized osteoarthritis of the hips, shoulders, ankles, and hands, and service connection for prostate disorder due to inadequate examination reports. The Veteran's PTSD is also inextricably intertwined with these issues.

The Veteran's appeals for increased ratings and service connection for his left shoulder condition have been dismissed due to the Veteran's voluntary withdrawal of these claims prior to the promulgation of a decision.

The Board has dismissed the appeals for service connection of various conditions, including a right shoulder condition, back condition, bilateral knee condition, skin cancer, neck disorder, prostate disorder, otitis externa, and left ear hearing loss. The issues have been withdrawn by the Veteran.

The Board denied the Veteran's claims for service connection for a right shoulder disability, finding that there was no evidence linking his current condition to his active service or any service-connected disabilities. The Board also found that secondary service connection could not be established.

The Veteran's appeal for an initial rating in excess of 20 percent for his right shoulder disability prior to February 7, 2024 and a 10 percent evaluation for bicep muscle impairment effective February 7, 2024 was denied. The RO increased the rating from 20 percent to 30 percent for the right shoulder disability.

The Board has granted service connection for low back disability and left shoulder disability, finding that the Veteran's current conditions are related to his in-service accident.

The Board has determined that the Veteran's service-connected disabilities did not render him incapable of securing or following substantially gainful employment at any time during the period on appeal, and thus denied his claim for a TDIU.

The Board has denied service connection for C. diff, left knee condition, left elbow condition, and left shoulder condition due to the lack of a current disability. Service connection for chronic fatigue syndrome is remanded as there is evidence of currently diagnosed disabilities, an in-service event, and an indication that the current disabilities may be associated with the in-service event.

The Board has determined that the Veteran does not have current diagnoses of left and right wrists, left and right elbows, left and right knees, left and right shoulders, or neck disabilities. Therefore, service connection for these conditions is denied.

The Veteran's left shoulder degenerative joint disease has not been manifested by limitation of motion midway between the side and shoulder level, so his claim for an increased rating is denied.

The Board has granted a disability rating of 30 percent for the Veteran's service-connected right shoulder condition, which is manifested by flexion to 60 degrees and abduction to 60 degrees. The evidence supports this rating as it considers the Veteran's additional limitations due to flare-ups and repeated use over time.

The Veteran's appeals for increased ratings for left knee disability, limitation of flexion and instability have been dismissed due to withdrawal.,Service connection has been granted for right hip and right knee disabilities as secondary to service-connected left hip and left knee disabilities.

The Board has remanded all of the Veteran's claims due to procedural errors and incomplete records, particularly regarding his service treatment records and potential military environmental exposures.

The Veteran's claim for service connection for a left shoulder strain was dismissed. Service connection for tinnitus is granted with a disability rating of 30%. The reduction in the disability rating for radiculopathy of the left lower extremity from 10% to 0% has been restored.

The Veteran's claims for service connection for diabetes mellitus, erectile dysfunction, memory loss, right shoulder disability, and left shoulder disability due to exposure to herbicide agents are all denied. The Board found no credible evidence of herbicide agent exposure during service.

The Board has denied the Veteran's claims for service connection for right ear hearing loss, eye disability, hernia disability, hypertension, right shoulder disability, left shoulder disability, cervical spine disability, sleep apnea, and skin cancer due to a lack of evidence showing these conditions during his period of active duty. The claims are being remanded to obtain information about the Veteran's periods of service.

Your appeal for higher ratings on your service-connected right knee and left shoulder disabilities has been dismissed because you withdrew the appeal.

The Veteran's claims for increased ratings for left shoulder strain and TBI were denied in an August 2017 rating decision. The Veteran did not appeal this decision within one year, making it final.,In a September 2019 rating decision, the left shoulder strain rating was increased to 20 percent, and the TBI increased to 40 percent, effective April 12, 2019, the date the intent to file was received. The Veteran did not submit a claim for an earlier effective date prior to this date.,The Veteran's application for TDIU was granted in September 2019, effective April 12, 2019, based on his last reported work as of November 2017 and the VA examiner's assessment of his unemployability due to PTSD.

The Veteran's claims for service connection are being remanded due to errors in obtaining relevant medical records and VA examinations.,Specifically, the Board finds that there may be missing service treatment records from his active duty service in Southwest Asia (SWA) during the Persian Gulf War. Additionally, Reserve and National Guard medical records need to be obtained as they could provide information about the onset of his current conditions.

The Veteran's claims for service connection for chest pain, migraine headaches, sleep apnea, right shoulder disability, and left ankle disability are all denied. The VA will need to provide additional examinations and opinions regarding the relationship of these conditions to service.