Shoulder decisions — 2024

The Board remands the claims for service connection for various disorders to provide the Veteran with a formal hearing and appropriate medical examinations.

The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.

The Board has decided to remand the Veteran's claim for service connection of a left shoulder disability due to insufficient evidence and the need for an examination.

The Veteran's claims for increased ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating for any of the conditions.

The Veteran's right shoulder is granted a 40 percent rating for dislocation with traumatic arthritis, which approximates motion limited to just 25 degrees from the side.

The Veteran's appeal for a higher rating for his service-connected left shoulder rotator tendinitis was denied as the evidence did not show limitation of motion to 25 degrees from side, which would warrant a higher rating. The current 20 percent rating is maintained.

The Board has remanded the cases due to a duty to assist error, specifically regarding the lack of an adequate rationale for the Veteran's claimed lumbar spine, left shoulder, right shoulder, right knee, and bilateral plantar fasciitis disabilities.

The Veteran's ED is not found to be secondary to his service-connected conditions of chronic lumbar strain and left shoulder biceps tendinitis, and the Board denied service connection for this condition.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.

The Board has remanded the case due to an error in the prior decision and insufficient examination opinions regarding the etiology of the Veteran's right shoulder disability.

The Veteran's claims for service connection are being remanded due to the need for additional development and medical opinions regarding his mental state at the time of misconduct, as well as obtaining relevant treatment records.

The Board has remanded the case due to a lack of consideration of the Veteran's statements regarding her left shoulder disability and the need for an addendum opinion.

The Veteran's service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment as of February 18, 2019.

The Veteran's claims for increased ratings and TDIU are being remanded due to pre-decisional errors in obtaining his VA, private, and VR&E treatment records. These records may show that his service-connected disabilities were more severe during the period on appeal.

The Veteran's claims for increased ratings for left and right lumbar radiculopathy, as well as his right shoulder disability, are being remanded due to the need for further consideration of the evidence.

The Board has granted an initial disability rating of 30 percent for the Veteran's right shoulder disability (cervical impingement syndrome) effective February 26, 2020. The criteria for this rating have been met due to ankylosis of the scapulohumeral articulation with favorable ankylosis in abduction up to 60 degrees and reach to mouth and head.

The Board has remanded the case due to a pre-decisional duty to assist error and for an adequate medical opinion on the Veteran's right shoulder disability.

The Board granted service connection for athlete's foot and jock itch, but denied service connection for cellulitis. The initial compensable rating for maxillary chronic sinusitis was also denied.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a failure to submit a completed VA Form 21-526 within one year of her intent to file, despite receiving multiple notices and opportunities.

The Veteran's service-connected disabilities render him unable to secure and follow any substantially gainful occupation, thus a total disability rating based on individual unemployability (TDIU) is granted.