Shoulder decisions — 2024

The Veteran's appeal for service connection for an acquired psychiatric disorder, other than PTSD with major depressive disorder is dismissed. The Board also remanded the issues of service connection for bilateral hip disability, bilateral knee disability, bilateral shoulder disability, left ankle disability, left hand disability, right elbow disability, and neck/upper back disability.

The Veteran's service-connected disabilities require him to be in need of regular aid and attendance, as he is unable to perform daily activities without assistance due to his multiple conditions.

The Veteran's migraine headaches are granted service connection, but his right and left shoulder disabilities as well as bilateral plantar fasciitis are denied. The Veteran is assigned a 10% disability rating for his bilateral plantar fasciitis.

The Veteran's claims for service connection for various conditions, including thoracic spine disability, ulcers, psychiatric disability (claimed as depression), migraine headaches, sleep disorder (insomnia), somatic symptom disorder, sexual dysfunction, muscle weakness disorder, nerve pain disorder (secondary to spinal disability), and left shoulder disability have all been denied. The evidence does not support a finding that any of these conditions were incurred in or aggravated by service.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that it is not factually ascertainable that his service-connected conditions rendered him unemployable prior to September 23, 2016.

The Board has remanded the Veteran's claims for increased ratings for his service-connected left and right knee disabilities due to insufficient examination reports addressing flare-ups of symptoms. The Veteran's current disability ratings are denied as there is no evidence of a right shoulder disability related to active service, and his left and right knee disabilities do not warrant higher ratings.

The March 2004 rating decision assigning a 10 percent rating for the Veteran's right shoulder disability was not clearly and unmistakably erroneous. The Board found that the March 2004 rating decision correctly applied the applicable regulations and did not make an error of fact or law.

The Veteran's claims for hearing loss, tinnitus, left leg disability, right leg disability, and right shoulder disability have been granted due to the submission of new and relevant evidence.,Service connection has been denied for bilateral hearing loss.

The Veteran's appeals for earlier effective dates for service connection on the left shoulder, cervical spine, right wrist, and TBI have been denied.,The May 2021 rating decision was found to contain CUE in assigning initial ratings of 20% for carpal tunnel syndrome of the left wrist and elbow, as well as for carpal tunnel syndrome of the right wrist.

The Veteran's claims for increased ratings for his right shoulder, left shoulder, and back conditions have been denied as the evidence does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's appeal was denied as he did not file a timely substantive appeal following the issuance of a September 2019 Statement of the Case (SOC).

The Board has remanded the Veteran's claims for additional development due to inadequate opinions regarding her service connection claims.

The Board has granted service connection for the Veteran's right shoulder disability, diagnosed as right rotator cuff tendonitis, finding that it had its onset during service and is related to his military service. The appeal regarding sleep disturbances was remanded due to insufficient evidence.

The Veteran's appeal for service connection and increased rating for left shoulder disability is dismissed. The Veteran's claim for a 70% rating for PTSD, effective July 11, 2017, is granted.

The Veteran's cervical spine disability, including arthritis, is granted as service-connected. The Board also found that the Veteran's right carpal tunnel syndrome and bilateral shoulder disabilities are related to his in-service symptoms but not directly connected to service due to aggravation of pre-existing conditions. Service connection for pes planus was granted, while service connection for plantar fasciitis and athlete's foot is denied.

The Board denied service connection for neck, back, left shoulder, and bilateral thumb disabilities as there was no evidence of in-service injury or disease that could be linked to the current conditions.

The Board denied service connection for right knee and bilateral shoulder disabilities, finding that the current conditions did not have their onset during or as a result of active military service.

The Board has remanded the case due to insufficient development of evidence regarding whether the Veteran's neurological symptoms are related to her service-connected left shoulder disability.

The Veteran's bilateral hearing loss is granted as service-connected.,The Veteran's vertigo secondary to his service-connected tinnitus is granted as service-connected.,The Veteran's cervical spine disability is remanded for further examination and opinion.,The Veteran's lumbar spine disability is remanded for further examination and opinion.,The Veteran's right shoulder disability is remanded for further examination and opinion.,The Veteran's right elbow disability is remanded for further examination and opinion.,The Veteran's bilateral upper extremity finger and/or hand disability is remanded for further examination and opinion.,The Veteran's gastrointestinal disorder (GERD) is remanded for further examination and opinion.,The Veteran's hernia is remanded for further examination and opinion.,The Veteran's hypertension to include as due to Camp Lejeune service is remanded for further examination and opinion.,The Veteran's acquired psychiatric disorder is remanded for further examination and opinion.

The Veteran's hemorrhoidectomy residuals are granted a 20 percent rating throughout the period on appeal.,His coronary artery disease is found to be caused by his service-connected sleep apnea disorder, and he is granted service connection for this condition.