Shoulder decisions — 2024

The Board denied an earlier effective date for the grant of service connection for a bilateral shoulder disability, finding that December 1, 1994 is the earliest possible effective date as it was the date of receipt of the claim.

The Board has remanded the Veteran's claims of service connection for bilateral shoulder conditions and a neck condition due to inadequate medical opinions and incomplete records. The Veteran is required to provide updated VA treatment records, obtain VA examinations, and address secondary service connection.

The Board has determined that additional development is needed for the claims of service connection for kyphosis, left shoulder impairment, and sleep impairment. The Veteran's representative and any other interested parties must be contacted to determine if they still wish to pursue these claims. They should also provide lay statements from individuals who have firsthand knowledge of any in-service left shoulder injury. Additionally, a VA Form 21-8940 with instructions for completion should be provided to the Veteran to determine eligibility for TDIU.

The Board has remanded the cases for additional development due to challenges regarding the competency of the VA examiners and requests for information about their qualifications.

The Board has determined that the Veteran's claim for service connection of a left shoulder disability should be remanded due to pre-decisional duty to assist errors and the need for a VA examination.

The Board has remanded all issues on appeal due to the need for additional verification of the Veteran's service periods and incomplete records. The claims will be reconsidered with this information.

The Board has determined that there are errors in the decision-making process and requires additional evidence to be obtained before the claims can be properly evaluated. The Veteran's service connection claims for various disabilities, including migraine headaches, right shoulder disability, left shoulder disability, back disability, left knee disability, right knee disability, bilateral plantar fasciitis with metatarsalgia, and GERD are being remanded.

The Board remands the claims for service connection due to a pre-decisional duty to assist error, specifically the failure to properly verify the Appellant's periods of active service.

The Board has decided to remand the Veteran's claims for service connection due to a duty-to-assist error in failing to provide a VA examination. The claims will be reconsidered with new evidence.

The Veteran's claim for a 10 percent rating for his left shoulder scar, which is painful, was granted from June 24, 2021.

The Board denied the veteran's claims for earlier effective dates for service connection and initial ratings for various disabilities, as well as DEA benefits.

The Board denied an increased rating for PTSD and granted service connection for sleep apnea, while denying service connection for right and left shoulder disabilities.

The Board has remanded the cases for further examination and medical opinions regarding whether the Veteran's herpes simplex type II and left shoulder pain and limited range of motion had their onset in service or are related to service.

The Veteran's left shoulder disability and TMJ are currently rated at the maximum allowed under their respective diagnostic codes, so an increased rating is denied.

The Board has decided to remand the claims for service connection of bilateral shoulder disorders due to a lack of sufficient evidence and failure to provide an examination. The Veteran's symptoms started during his military service and have progressively worsened since then.

The Veteran's degenerative changes of the spine are granted as secondary to his service-connected bilateral pes planus. The disabilities of the left and right shoulders (claimed as spurs in shoulders) are denied.

The Veteran's claim for service connection for tinnitus has been granted. The increased rating claims for residual surgical scar, right shoulder arthroscopy; left knee mild iliotibial band syndrome; and right shoulder impingement syndrome with acromioclavicular joint osteoarthritis have been remanded.

The Board has remanded the claims for a VA shoulder examination to determine if any identified shoulder disability had its onset during active service or is related to any incident of service, including the Veteran's reported history of in-service chronic bilateral shoulder pain.

The Veteran's initial evaluations for his right shoulder and lumbar spine disabilities have been denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for the right shoulder disability, as it was limited to painful motion at a flexion endpoint of 100 degrees and abduction endpoint of 105 degrees. For the lumbar spine disability, the Veteran's condition did not meet the criteria for unfavorable ankylosis or IVDS warranting a higher rating.

The Veteran's claims for service connection for bilateral hearing loss, left shoulder disability, and back disability are being remanded due to the need for additional medical examinations.