Shoulder decisions — 2024

The Veteran's left shoulder strain is rated at 30 percent effective August 22, 2022.,The Veteran's lumbosacral strain is rated at 20 percent effective August 22, 2022.

The Veteran withdrew his appeals for increased ratings in both right shoulder and left knee conditions, leading to the dismissal of these cases.

The Board denied the Veteran's motion to revise or reverse a March 7, 2019 rating decision for bilateral hearing loss and a May 16, 2017 rating decision for left shoulder dislocation. The March 7, 2019 decision did not err in assigning a 20% disability rating for bilateral hearing loss as the evidence showed it was not at a level warranting a higher rating. The May 16, 2017 decision did not assign a separate rating for left shoulder dislocation due to internal inconsistency and conflicting evidence.

The Veteran was granted a TDIU from October 27, 2014 to August 12, 2020 due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment. The TDIU was denied for the period from August 13, 2020 as none of his service-connected disabilities alone meet the criteria for a TDIU.

The Board has granted service connection for various conditions and assigned ratings effective February 12, 2014. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the April 2020 rating decision.

The Veteran's appeal for higher ratings and effective dates was denied. The Board found that the severity, frequency, and duration of his PTSD symptoms did not meet the criteria for a 100% rating, while his right lower extremity radiculopathy warranted a 20% rating from May 23, 2022. Other issues were also denied.

The Board has granted readjudication of the issues of service connection for left knee, right shoulder, left ankle, and right ankle disabilities. The claims are remanded due to a lack of new and relevant evidence regarding these conditions since final decisions.

The Board has determined that additional evidence is needed to determine if the Veteran's hearing loss, impingement syndrome with adhesive capsulitis and rotator cuff tear/retracted in both shoulders, and cervical herniated disc displacement are related to service. The claims for these conditions are being remanded.

The Veteran's claim for service connection for a right shoulder labral tear repair was dismissed because the AOJ had already granted him service connection for related conditions (right shoulder strain with impingement syndrome, labral tear including SLAP, degenerative arthritis and tendinitis) effective September 17, 2019.

The Veteran's claim for an increased rating for a shoulder disability is being remanded due to the need for a VA examination that complies with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has granted the Veteran's claim for service connection for right shoulder disability manifested by pain, finding that the evidence is approximately evenly balanced as to whether the condition is related to his active duty service.

The Board denied the Veteran's request for an effective date prior to February 25, 2014, for a 20 percent rating for service-connected right shoulder separation. The decision found no CUE in the May 2003 rating decision and that the assignment of the initial 10 percent rating was supported by the evidence at that time.

The Veteran's claim for a higher rating and service connection for right first rib removal, loss of cervical range of motion, and numbness in the upper arm, chest, and neck was granted effective March 31, 2020. The original 70 percent evaluation was assigned based on his initial claim filed in February 2018.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right shoulder disorder. The claim will be reconsidered with a new examination.

The Board has readjudicated the Veteran's claims for service connection due to new and relevant evidence, including his statements about neck pain from 1986. The claim for a neck condition is denied as there was no in-service event or injury related to it, and continuity of symptoms has not been established. The claim for a right shoulder condition is also denied due to lack of service connection.

The Board has determined that the claims for service connection of left shoulder, right hip, and left hip disabilities are remanded due to a duty to assist error. The Veteran's conditions may be aggravated by his primary service-connected disabilities.

The Veteran's service connection claim for tension headaches is denied. The Veteran's lumbar spine strain and right lower extremity radiculopathy claims are remanded, while the left shoulder AC joint separation and PTSD claims remain denied.

The Board has decided to remand the case due to a duty to assist error, and will need further medical evaluation to determine if the Veteran's left shoulder condition is related to his service.

The Board has remanded all previously denied claims for service connection due to the submission of new and relevant evidence, except for the claim for obstructive sleep apnea. The Veteran's right and left foot disabilities are being examined again as there may be a link to his in-service activities. The examiner must also consider whether the Veteran's obstructive sleep apnea is related to or aggravated by service-connected PTSD or due to toxic exposure risk activity (TERA).

The Veteran's claims for service connection for various conditions, including a head injury, bilateral eye disorder, heart disorder and/or chest pain, back disorder, right shoulder disorder, left shoulder disorder, left elbow disorder, intestinal disorder, arthritis of the hands, right hip disorder, and left hip disorder have all been denied. The Board found no current diagnosis or symptoms related to these conditions.