Shoulder decisions — 2024

The Board has dismissed the appeal regarding service connection for a back disability, right shoulder disability, and acquired psychiatric disability due to these issues being in the legacy appeals system.

The Board has found that new and relevant evidence (NRE) was submitted to support the Veteran's claims for service connection for low back injury and left shoulder condition. The AOJ is required to readjudicate these claims based on this NRE, including considering any potential secondary or aggravation theories of service connection.

The Veteran's claim for a total rating based upon individual unemployability (TDIU) has been granted with an effective date of September 23, 2021. The TDIU was awarded due to the Veteran's service-connected disabilities and his inability to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for rheumatoid arthritis of multiple joints, including hands, knees, elbows, feet, and shoulders, due to herbicide exposure. The case requires an addendum opinion from a medical professional to address the etiology of the Veteran's claimed conditions.

The Board has decided to remand the case due to inadequate examination and failure to appear for a scheduled VA examination. The Veteran's right shoulder pain is being reviewed again.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has granted service connection for a right shoulder disability on a secondary basis to the Veteran's service-connected seizure disorder, resolving all doubt in favor of the Veteran.

The Board has determined that the Veteran's emphysema and right shoulder disability are not related to his active service, but further development is needed to obtain a proper medical opinion.

The Board has granted service connection for the Veteran's right hip, left hip, right shoulder, and left shoulder disabilities based on continuity of symptomatology since service.

The Board has remanded the claims for service connection for a left shoulder disability and a left axillary neuropathy due to incomplete compliance with previous remands.

The Board denied the Veteran's claim for a TDIU due to insufficient evidence showing he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's right shoulder disability is rated at 20 percent for limitation of motion and impairment of the humerus. Ratings for carpal tunnel syndrome of both wrists are granted, with a maximum rating of 30 percent for each wrist.

The Board has granted service connection for a right shoulder disability, finding that the Veteran's credible report of shoulder pain during service and subsequent treatment supports his claim. The decision is based on positive private medical opinion and negative VA medical opinion, with the benefit of doubt given to the Veteran.

The Veteran's left shoulder disability is rated at 20 percent, which is the maximum rating available under Diagnostic Code 5201. The appeal is denied as his range of motion does not meet the criteria for a higher rating.

The Veteran's lumbar spine disability, to include degenerative arthritis, is granted as service connected.,The Veteran's right shoulder disability, to include acromioclavicular joint osteoarthritis, is granted as service connected.,The Veteran's left shoulder disability, to include acromioclavicular joint osteoarthritis, is granted as service connected.,The Veteran's right and left knee disabilities are remanded for further review.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the Veteran's tinnitus was caused by his in-service noise exposure and grants this claim.,The Veteran's claim for service connection for bilateral hearing loss is denied. The VA examination report found no evidence of hearing loss for VA purposes, thus denying this claim.,The Veteran's claims for service connection for right knee disability are remanded due to insufficient medical opinions regarding the etiology of his condition.,The Veteran's claims for service connection for left knee disability are remanded due to insufficient medical opinions regarding the etiology of his condition.,The Veteran's claim for service connection for right shoulder disability is remanded due to insufficient medical opinions regarding the etiology of his condition.

The Veteran's claims for service connection for sleep apnea and a right shoulder condition are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to obtain the missing medical records and schedule the Veteran for a VA examination.

The Veteran's right carpal tunnel syndrome was granted a rating of 30 percent from April 11, 2020, to December 1, 2021.,From November 6, 2021 to November 17, 2021, the Veteran received a 10 percent rating for his right shoulder scar. After that period, he was denied any higher ratings.

The Board has remanded the cases for further development and examination to determine if the Veteran's reported neurological disorder, bilateral knee disability, and right shoulder disability are related to service or early manifestations of his service-connected ALS.

The Board has remanded the case due to inadequate range of motion testing in a previous VA examination. The Veteran needs another VA examination to assess his right shoulder condition.