Shoulder decisions — 2024

The Board has denied the Veteran's claims for service connection for disabilities manifested by muscle pain in the shoulders and low back, finding no credible evidence of such conditions during or proximate to his claim filing.

The Veteran's appeal has been dismissed as he withdrew his appeal for all issues related to service connection.

The Veteran's TBI and PTSD with adjustment disorder with mixed anxiety and depression, and alcohol use disorder in remission are granted. The right shoulder condition is denied as not shown to be related to service or a presumptive exposure basis. The left shoulder condition is also denied for the same reasons.

The Board has determined that the Veteran's right and left shoulder disabilities, as well as his back disability, are related to service. The VA examinations were incomplete in their analysis of the Veteran's symptoms and diagnoses.

The Board dismissed the appeal regarding constrictive bronchitis due to lack of ripeness. The claims for service connection for right shoulder disability and right knee disability are denied as there is no causal relationship between these conditions and active service.

The Board has granted service connection for right and left knee strains, but denied service connection for left shoulder impingement syndrome.

The Board has granted service connection for the Veteran's right shoulder degenerative joint disease with rotator cuff impingement status post surgical repair, finding that it began during active service.

The Board has remanded the claims of entitlement to service connection for left bicep tear and an evaluation in excess of 40 percent for service-connected right shoulder disability due to inadequate medical opinions regarding their etiology.

The Veteran's allergic rhinitis, posttraumatic headache, left shoulder strain, and right shoulder strain have been granted service connection with initial evaluations of 10%, 30%, and effective February 15, 2022 respectively.

The Veteran's left shoulder, elbow and wrist disabilities are the result of a car accident during service. The Board finds that severance of service connection for these conditions was proper due to willful misconduct.

The Board has determined that the Veteran's OSA is a separate condition from his service-connected disabilities and requires further examination to determine its etiology. The relationship between his obesity, which may be related to his service-connected conditions, also needs clarification.

The Board has determined that the evidence is insufficient to verify the Veteran's duty status on July 16, 2021 and therefore remands the case for further action.

The Board has denied the Veteran's claims for service connection for right shoulder pain and back pain, finding that neither disability is related to his military service.

The Board has determined that the Veteran's service-connected conditions render him in need of aid and attendance, allowing for SMC at the (l) level based on his condition.

The Board denied the Veteran's claim for revision of a July 1989 rating decision that denied service connection for a left shoulder disability on the basis of clear and unmistakable error (CUE). The Veteran did not have a diagnosed disability related to his left shoulder at the time of the July 1989 rating decision, so the first element of service connection was not met. As such, CUE is not shown in the July 1989 rating decision.

The Board denied service connection for various conditions, including arthritis of the shoulders, right shoulder rotator cuff surgery, diabetes mellitus type II, diabetic neuropathy, tinnitus, and high blood pressure. The appeals were all dismissed.

The Board has remanded the claims for service connection due to inadequate notice and duty to assist errors. The Veteran is required to provide information about any private treatment records, which will be sought by VA.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection of neck, left shoulder, and right shoulder disorders. The AOJ must obtain any outstanding private treatment records and schedule the Veteran for a VA examination to determine the nature and etiology of these conditions.

The Veteran's tinnitus claim was denied as there is no legal basis for an increased rating. The Board found that the AOJ did not provide VA examinations for service connection claims and thus remanded these issues.

The Board has remanded multiple service connection claims due to duty-to-assist errors, including failure to obtain relevant private treatment records and rescheduling of VA examinations.