Shoulder decisions — 2024

The Veteran's claim for service connection for sleep apnea is granted. The Board also remanded the claims for increased disability ratings for cervical strain and degenerative arthritis, left shoulder traumatic rotator cuff lesion residuals, right knee arthritis, left knee degenerative arthritis, chronic bronchitis, and bilateral hearing loss.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the initial decision. The right hip claim is denied, while sinusitis, rhinitis, heart condition (CAD), and bilateral shoulder conditions require further examination and analysis.

The Veteran's cause of death is being remanded due to a duty to assist error regarding his service-connected heart condition and other disabilities. The Board will seek a medical opinion on whether these conditions contributed to the Veteran's respiratory failure.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, back, and shoulder disorders. The wrist and right knee disorder claims are remanded due to a failure to provide a VA examination.

The Board has remanded the Veteran's claims for right inguinal hernia repair, gastroesophageal reflux disease (GERD), neck disability, hypertension, hemorrhoids, mild renal insufficiency (claimed as renal failure), colitis, and bilateral shoulder disabilities due to incomplete records and inadequate examinations.

The Board has determined that the VA examinations of record are inadequate for adjudication purposes and remanded to ensure a current examination is obtained. The issues on appeal include an increased rating for left shoulder DJD, separate ratings for left shoulder condition, and TDIU.

The Board has dismissed all the claims related to various disabilities, including psychiatric disorders, hypothyroidism, neck disability, right upper extremity radiculopathy, left shoulder brachial plexus neuropraxia, and right knee disability.

The Veteran's TDIU rating is granted effective July 10, 2007. The right and left shoulder adhesive capsulitis cases are remanded for further development.

The Veteran's claim for a higher rating for left shoulder degenerative joint disease is denied. A 30 percent rating, but no higher, has been granted from September 16, 2020.

The Board has denied service connection for sinus, eye, and sleep disorders. The right shoulder disorder claim is remanded due to a duty to assist error.

The Veteran has withdrawn his appeals for service connection and increased disability ratings in excess of 10 percent for various conditions, including PTSD, TBI, a left shoulder disability, posttraumatic migraines, and fractured right radial head (elbow).

The Board denied the Veteran's request for an earlier effective date of March 1, 2019, for a 20% rating for his right shoulder disability. The appeal was based on the belief that the Veteran filed a Notice of Intent to File (ITF) in March 2019 and VA acknowledged receipt of this ITF within one year.

The Board denied service connection for bilateral pes planus, left hip disability, left shoulder disability, and right knee disability due to lack of evidence showing these conditions were incurred or aggravated by military service.

The Veteran's claims for service connection for a left knee disability, thoracolumbar spine disability, tinnitus, squamous cell carcinoma of the soft palate and tongue, and left shoulder osteoarthritis and impingement syndrome have been readjudicated. The claims for left knee disability and left shoulder osteoarthritis and impingement syndrome are granted, while those for thoracolumbar spine disability, tinnitus, and squamous cell carcinoma of the soft palate and tongue remain denied.

The Veteran's service connection claim for Chronic Fatigue Syndrome (CFS) has been granted due to active duty in the Southwest Asia theater of operations during the Persian Gulf War. The claims for Left Shoulder Disability, Right Pectoral Disability, and Low Back Disability are remanded for further evaluation.

The Board has denied service connection for back, right shoulder, and left shoulder disabilities. The psychiatric disorder claim is remanded due to a duty to assist error.

The Board has denied the Veteran's claim for service connection for a left shoulder / trapezius disability, finding no current diagnosis and insufficient evidence to link any symptoms to service. The sinus disability claim is remanded due to potential TERA exposure.,Service connection for a sinus disability is being remanded as there are implicit claims of participation in a toxic exposure risk activity (TERA) based on the Veteran's service in Southwest Asia, which may require a VA medical opinion under PACT Act provisions.

The Board has dismissed the issue of entitlement to service connection for a bilateral shoulder condition due to the appellant's withdrawal. The issue of entitlement to service connection for a bilateral foot condition is remanded.

The Board has remanded the Veteran's claims of service connection for left shoulder impingement syndrome and cervical strain due to a lack of contemporaneous medical treatment records following service. The Veteran contends that his disabilities started in service and continued thereafter.

The Veteran's claim for service connection for a left shoulder disability is being remanded due to the receipt of new and relevant evidence, including her testimony at a hearing and additional medical records. The Board finds that an examination should be scheduled to determine if the current left shoulder disabilities are related to active duty service.