Shoulder decisions — 2024

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for right shoulder condition, skin blisters disability, headaches disability, sleep apnea disability, and sinusitis. The claims are being remanded due to insufficient medical opinions regarding the relationship between these conditions and service.

The Board has remanded the case due to a lack of consideration of service treatment records and the Veteran's lay statements regarding injuries sustained during parachuting. The claim will be reconsidered with an addendum from an appropriate clinician.

The Veteran's motion to revise a final rating decision for his right shoulder strain was denied due to the absence of clear and unmistakable error. The Board found that the January 2013 rating decision correctly applied existing regulations, resulting in a 10% disability rating which is not subject to revision on CUE grounds. His claim for an increased evaluation for unspecified trauma and stressor-related disorder was remanded due to failure to obtain all relevant VA treatment records.

The Veteran's claim for service connection for anemia secondary to hemorrhoids was denied. The Veteran's current condition does not meet the criteria for a compensable rating for his service-connected hemorrhoids.,Both erectile dysfunction and right shoulder strain claims were remanded due to insufficient medical opinions.

The Board has granted effective dates of May 4, 2021 for the grants of service connection for anxiety disorder, back disability (Thoracolumbar Spine), right hand strain, left hand strain, sciatica right lower extremity, and sciatica left lower extremity. The Veteran's increased evaluation for his left shoulder disability is also granted as of May 4, 2021.

The Board has decided to remand the case due to a duty to assist error, specifically regarding an inadequate VA medical opinion for the right shoulder strain.

The Board has decided to remand the claims for bilateral hand weakness and bilateral shoulder condition due to insufficient evidence in the record. A new VA examination is required to determine if these conditions are related to service.

The Board has granted service connection for left shoulder strain, finding that the evidence supports a conclusion that it was incurred during active military service.

The Veteran's appeals for higher initial ratings for his left shoulder and left ankle disabilities were denied. The left shoulder disability is rated at 20 percent, which is the maximum schedular rating allowed under Diagnostic Code 5201. The left ankle disability is also rated at 20 percent, as it already has the highest schedular rating.

The Veteran's cervical spine disability is restored to a 30 percent rating effective March 29, 2022.,A higher rating for right upper extremity radiculopathy and right shoulder disability is denied.

The Board has remanded the claim for service connection of a low back disability due to a pre-decisional duty to assist error. The claims for right and left shoulder disabilities are granted.

The Veteran's right shoulder disability was not found to warrant a higher initial rating.,Service connection for the right shoulder disability was granted effective January 2, 2018.

The Veteran's right foot disability is granted as secondary to her service-connected right ankle delta ligament sprain. The left foot, left shoulder, and right elbow disabilities are denied.

The Veteran's asthma and tinnitus were not granted service connection due to lack of evidence showing they began during or immediately after his military service.,Service connection for PTSD was denied as there is no credible evidence linking the disability to service. The Veteran did not provide any medical records supporting this claim.

The Board has found that new and relevant evidence has been submitted since the October 2017 denial, which includes medical treatment records showing a current diagnosis of osteoarthritis of the left shoulder. The Veteran's in-service injury is presumed due to combat service, but further investigation by a VA examiner is needed to determine if the disability is related to service.

The Board has found that the Veteran's service connection claims for various disabilities are remanded due to errors in obtaining and reviewing VA treatment records prior to August 2019, as well as failing to schedule a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for an initial compensable rating evaluation for hearing loss, hypertension, left knee scar, right knee tricompartmental degenerative arthritis, arthritis - hands, fingers, shoulder, hips, knees and right clavicle, insomnia, low back pain, numbness in arms, or right shoulder condition.

The Board has granted service connection for GERD, but remanded the cases for further development regarding DM II, OSA, and a right shoulder disability.

The Board has determined that the Veteran's right shoulder condition is not related to his service and remands the case for further development.,The Veteran contends his current right shoulder condition is due to heavy lifting during service, but there is no evidence of a pre-existing injury or chronic condition in service. The VA examination did not find any link between his current condition and service.

The Board has denied service connection for left shoulder condition and right shoulder condition. The claim of entitlement to service connection for sleep apnea is remanded due to a pre-decisional duty to assist error.