Shoulder decisions — 2024

The Veteran's cervical spine, left shoulder osteoarthritis, right shoulder arthralgia, bilateral hip limitation of flexion and extension, bilateral knee limitation of flexion and extension, and bilateral ankle arthralgia have been granted service connection with effective dates starting from January 17, 2013.

The Board has dismissed the Veteran's appeals regarding higher ratings for splenectomy, scar of mid abdomen, and service connection for left-hand, right-hand, and right shoulder conditions. The Veteran was granted a 50% rating for headaches.

The Board has remanded the case due to errors in notifying the Veteran of his right to a pre-decisional hearing.

The Board remands the issue of entitlement to a rating in excess of 30 percent from December 1, 2017 to November 1, 2019, and a compensable rating thereafter, for right shoulder glenohumeral joint instability for further development and readjudication.

The Board granted service connection for back, right knee, left knee, and right hip disorders, but denied service connection for a cervical spine disorder, hypertension, coccyx disorder, and hearing loss in both ears. The appeal was also remanded for further action on several other issues.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Board has remanded several issues related to the Veteran's service connection claims, including cervical spine disability, left forehead scar, bilateral hip disability, right shoulder nerve damage as secondary to his cervical spine disability, migraines, and pes planus. The Veteran must be afforded VA examinations on these matters.

The Board remands the claims for service connection for hernia, low back, right knee, and right shoulder conditions due to ongoing noncompliance with previous remand instructions.

The Board remands the claims for further development of evidence, specifically requesting that VA obtain and review records scanned into the Vista Imaging system.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his medical conditions and needs supervision, protection, and instruction. The PCAFC eligibility decision must be reconsidered based on the best interest of the Veteran.

The Board has determined that there were duty to assist errors in the development of the Veteran's claims prior to the October 2022 rating decision on appeal. The AOJ obtained VA medical opinions addressing the etiology of the Veteran's claimed disabilities, but these opinions are deemed inadequate as they did not consider the competent and credible lay evidence provided by the Veteran.

The Board has reopened the claim of service connection for Parkinson's disease due to new and relevant evidence. The TDIU claim is denied as there are no service-connected disabilities meeting the schedular requirements, and the appellant is not unemployable by reason of his service-connected conditions.

The Board denied service connection for left shoulder pain as there is no current diagnosis of a left shoulder disability and the Veteran's lay statements are not competent to diagnose such a complex medical condition.

The Veteran's claims for service connection for deviated septum, left leg disorder, right shoulder disability, clavicle fracture, and right knee strain have been denied. The Board found no evidence of in-service injuries or diseases that could be linked to the current conditions.,Service connection was not granted as there is no direct link between any of these conditions and service.

The Board has granted service connection for tinnitus and denied service connection for left shoulder, right hand, left hand, right hip, and left hip disabilities. The Veteran's tinnitus was incurred during active service, but the evidence does not support a finding of in-service incurrence or continuity of symptoms for his other claimed conditions.

The Board has granted the Veteran's appeal that his October 25, 2019 notice of disagreement was timely filed. The claims for service connection are being remanded to allow the RO to address each issue.

The Board has decided the claims of entitlement to service connection for right shoulder and left shoulder rotator cuff tear with AC joint osteoarthritis, secondary to a service-connected disability. The case is being remanded due to duty-to-assist errors.

The Board has granted the Veteran's claim for service connection of a right shoulder disability as secondary to his already service-connected left shoulder disability.

The Veteran's claims for a compensable rating for tinea pedis with onychomycosis, service connection for decompression sickness, acquired psychiatric disability, right shoulder disability, cardiac disability, and respiratory disability are being remanded due to the need for additional VA treatment records.,The Veteran's claims for service connection for decompression sickness, acquired psychiatric disability, right shoulder disability, cardiac disability, and respiratory disability are being remanded due to inadequate VA examination reports.

The Board dismissed the claim of service connection for right acromioclavicular joint degenerative changes with a rotator cuff tear due to the appellant's withdrawal from the appeal.