Shoulder decisions — 2024

The Board has denied a higher rating for the right shoulder disability prior to October 21, 2016 and in excess of 30 percent thereafter. The case is being remanded due to outstanding VA treatment records.

The Veteran's appeals are remanded due to insufficient evidence for several conditions, including bilateral hearing loss, PTSD, sciatic nerve disabilities, knee disabilities, and shoulder injury. The VA is directed to provide additional examinations and opinions.

The Board has remanded the Veteran's claims of service connection for left and right shoulder conditions, as well as his claim for a sciatic nerve condition. The claims are being returned to VA for additional development.

The petition to reopen a claim of entitlement to service connection for right shoulder and left shoulder disabilities is granted.,Entitlement to service connection for neuropathy of the bilateral upper extremities is granted. The petition to reopen a claim of entitlement to service connection for neuropathy of the bilateral lower extremities, to include as secondary to a service-connected disability, is remanded.

The Veteran's right shoulder strain and migraine headaches are granted service connection. The issue of service connection for obstructive sleep apnea is remanded.

The Veteran's claims for service connection for various conditions, including left and right shoulder disabilities, neck disability (claimed as thoracic outlet syndrome), asthma, dystonic jerks/tremors, Horner's syndrome, phrenic nerve palsy, vasospasms, recurrent neurogenic thoracic outlet syndrome/complex regional pain syndrome/recurrent pectoris minor syndrome, muscle tension dysphagia, and occipital migraines have been dismissed.

The Board has remanded the Veteran's claims for service connection for left and right shoulder disabilities due to insufficient evidence, including incomplete service treatment records. The VA is directed to attempt to obtain SSA medical records and verify the Veteran's periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA).

The Veteran's dental condition, claimed as extracted teeth, is denied due to lack of evidence showing a current disability for VA compensation purposes.,Service connection for the right shoulder disability is denied because there is no direct service connection and the Veteran's current disability is less likely related to his in-service injury. The examiner noted that the current shoulder disability is more likely related to time and age rather than the in-service injury.,The Veteran's right arm disability is not supported by evidence of a current disability for VA compensation purposes.,Service connection for obstructive sleep apnea is remanded as there is no direct service connection established.,Service connection for a kidney disability, claimed as a 'hump' on the kidney, is remanded due to lack of evidence supporting its relationship with in-service events or diseases.,Service connection for polycythemia is remanded because it has not been shown to be related to an already service-connected condition (hemorrhoids and hiatal hernia) or a pre-existing condition aggravated by the service-connected conditions.,An initial rating in excess of 20 percent for right knee DJD with limitation of flexion from November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for right knee DJD with limitation of flexion prior to November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for right knee DJD with lateral instability prior to November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for left knee DJD is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 30 percent for hiatal hernia with GERD prior to November 29, 2011 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for hiatal hernia with GERD from November 29, 2011 to February 4, 2020 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 60 percent for hiatal hernia with GERD since February 4, 2020 is remanded due to lack of evidence supporting an increased disability level.,Total disability rating for compensation purposes based on individual unemployability due to service connected disability (TDIU) is remanded as there is no direct service connection established.

The Board has decided to remand the cases for additional development due to a missed VA examination. The Veteran's right shoulder and arm disabilities are still under review.

The Board has remanded the case due to insufficient medical opinion regarding the cause and onset of the Veteran's right shoulder disability. The examiner is requested to provide an addendum opinion addressing these issues.

The Board has remanded the claims for service connection due to insufficient evidence and needs further examination.

The Board has found that further development is needed for the right shoulder and cervical spine disability ratings, as well as the TDIU rating. The case will be returned to the Board after compliance with appellate procedures.

The Veteran's appeal is remanded due to insufficient medical evidence regarding her need for aid and attendance or housebound SMC based on her service-connected disabilities. The AOJ must obtain any outstanding treatment records and schedule the Veteran for a VA examination.

The Board denied service connection for left shoulder, right ankle, and right shoulder disabilities as well as back disability due to the lack of current diagnoses and insufficient evidence linking these conditions to service.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to April 2, 2016. From April 2, 2016 to June 27, 2016, the Veteran was in receipt of a total disability rating (TDIU) and Special Monthly Compensation (SMC). The appeal for TDIU is now moot as he is already receiving SMC.

The Board has determined that additional examinations are necessary to address the Veteran's service-connected disabilities and their current severity, as well as to determine the nature and etiology of his headaches and bilateral hearing loss. The issues have been remanded for these purposes.

The Veteran's claims for service connection have been reopened, but the Board has denied all individual issues of service connection. The appeals are not granted.

The Veteran's rating reductions for right shoulder rotator cuff tendinitis, right hip tendonitis, right hip tendonitis with limitation of extension, left hip tendonitis with limitation of abduction, and left hip tendonitis with limitation of extension and atrophy of the thigh were found to be improper. The ratings have been restored.

The Board has found that further development is necessary due to the Veteran's failure to report for VA examinations and remands the case accordingly.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted service connection for bilateral pes planus and bilateral plantar fasciitis, but remanded the issues of GERD rating and back disability.