Shoulder decisions — 2024

The Veteran's appeal is denied as he did not provide all necessary information to establish his entitlement to additional dependency compensation based on his relationship with T. H. A., his minor child, within one year of the August 2013 rating decision which established compensation and rated a service-connected disability not less than 30 percent.

The Veteran's appeal for a rating in excess of 10 percent for tinnitus has been withdrawn.,Service connection is denied for left knee disability and right knee disability, but granted for respiratory disability due to asbestos exposure.,Service connection is denied for left shoulder disability.,A current respiratory disability related to asbestos exposure is established.

The Veteran's appeal for TDIU, DEA benefits, and SMC prior to October 2, 2017 was denied. The Board found that the Veteran did not meet the schedular criteria for a total disability rating based on individual unemployability during this period due to his service-connected disabilities. The Veteran also did not have a permanent total service-connected disability in effect prior to October 2, 2017. Effective April 19, 2021, but no earlier, the Veteran was granted SMC benefits based on individual unemployability.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected shoulder disabilities. The Board found that the obesity causing the sleep apnea was aggravated by the shoulder disabilities.

The Veteran is seeking an earlier effective date for TDIU, which the Board has decided to remand due to insufficient evidence of unemployability by reason of service-connected disabilities.

The Veteran's claims for increased ratings of PTSD, right foot post operative residuals bunionectomy, and hypertension are being remanded due to the failure to obtain all relevant VA treatment records.

The Board has determined that no single service-connected disability other than PTSD with unspecified dissociative disorder alone precludes the Veteran from securing and following substantially gainful employment, thus denying his claim for a TDIU based on a single service-connected disability.

The Board has dismissed the appeal of five service connection issues due to an improper docketing error, resulting in duplicate appeals. The Veteran's claims will be considered under a separate hearing docket.

The Veteran's appeal for a higher rating of his left shoulder disability is denied as the evidence does not support a rating in excess of 30 percent.

The Veteran's initial compensable rating for chronic bronchitis is denied.,Service connection for a right knee disability is denied. The Board has remanded the claims of service connection for left shoulder and lower extremity peripheral neuropathy due to conflicting evidence.,Service connection for a left shoulder disability, as well as for right and left lower extremity peripheral neuropathy, are also remanded.

The Board has remanded the claims for lumbar spine arthritis, right shoulder arthritis, and left shoulder arthritis due to new evidence received after the initial decision. The Veteran is required to undergo examinations and provide medical opinions regarding whether his current disabilities are related to service.

The Board dismissed the appeal because the proposed reduction in rating for the Veteran's service-connected left shoulder disability was not yet implemented, making the NOD premature.

The Board has remanded the claims for service connection due to insufficient medical opinions and missing records. The Veteran's conditions are related to his active duty, but additional evidence is needed.

The Veteran withdrew his appeal for service connection of a right shoulder disability, so the case is dismissed.

The Board is remanding all issues of service connection for hand, knee, shoulder, and peripheral neuropathy disabilities due to the need for additional medical examinations and opinions.

The Board has determined that the Veteran's current diagnosis of sleep apnea is causally related to his service-connected shoulder impingement syndrome with glenohumeral and acromioclavicular joint osteoarthritis, adjustment disorder with mixed anxiety and depressed mood, degenerative arthritis of the spine with spinal stenosis, and left lower extremity sciatica, radiculopathy. Therefore, service connection for sleep apnea is granted.

The Veteran's acquired psychiatric disorder, diagnosed as major depression and anxiety disorder, was found to be causally linked to his service-connected traumatic brain injury. His tinnitus was also granted based on credible reports of in-service noise exposure.

The Board denied the Veteran's claims for service connection for various disabilities, including right heel, left heel, right elbow, neck, right shoulder, and back disabilities. The evidence did not support a finding that these conditions began during active service or were related to in-service injuries.

The Board has decided to remand the claims for service connection of right and left shoulder disabilities due to a lack of an adequate opinion in the original decision. The Veteran's current diagnoses are right and left shoulder impingement, which must be determined if they are related to his service.

The Veteran's appeal for an earlier effective date for a compensable rating of 20 percent for his right shoulder disability is denied. The case is remanded for further evaluation regarding the higher rating claim.