Shoulder decisions — 2024

The Veteran's claim for an earlier effective date for his right shoulder disability was denied as there is no evidence of a prior request or entitlement before September 13, 2021.

The Board has remanded the claims for service connection for right shoulder strain and right hip strain, including as secondary to a left hip condition due to duty-to-assist errors. The case is returned for an addendum opinion from the VA examiner.

The Board has decided that the VA examination is inadequate and requires additional evidence to determine if the Veteran's right shoulder disability is related to his service. The AOJ must obtain any missing private treatment records and schedule the Veteran for a new VA examination.

The appeal for service connection of a right shoulder disability is dismissed.,The appeal for service connection of a right knee disability is dismissed.,The appeal for service connection of a left knee disability is dismissed.,Service connection has been granted for low testosterone, but the claim is denied as it does not constitute a disability for VA compensation purposes.,Service connection has been granted for chronic sinusitis, maxillary and frontal (claimed as a sinus condition).,The appeal for service connection of fibromyalgia is remanded due to lack of examination.,The appeal for service connection of chronic fatigue syndrome is remanded due to lack of examination.,The appeal for service connection of a left shoulder disability is remanded.

The Board denied requests for earlier effective dates for service connection of generalized anxiety disorder, left shoulder strain, lumbosacral strain (back disability), and tinnitus as the earliest date of receipt was September 13, 2021.

The Board has determined that the Veteran's appeal of his right shoulder replacement disability rating and TDIU claim prior to December 7, 2021 is remanded due to a pre-decisional duty to assist error regarding the need for an examination.

The Board has granted service connection for the Veteran's cervical spine condition, left heel condition, left knee strain, left shoulder condition, lumbar spine condition, and left foot condition, all of which are found to be related to his active service.

The Board has decided to remand the claims for service connection of left and right shoulder injuries due to new evidence submitted by the Veteran. A VA examination is needed to determine if these conditions are related to his military service.

The Board has determined that the Veteran's home modifications and equipment purchases are necessary to enable him to function more independently in his family and community without assistance, or with a reduced level of assistance.,However, additional equipment purchases and/or home modifications, such as an overhead cover for a wheelchair lift at the front of the home, a cover over the front walk, installation of a central air conditioning system, an addition to the home to include installation of a new bathroom downstairs, extension of the rear of the main bedroom to create space for a walk-in closet and a work-out room on the floor below; and creating access to an existing outdoor kitchen located near the pool area, are not necessary.,The Veteran's service-connected conditions do not necessitate these additional modifications.

The Board denied service connection for lumbosacral strain, right shoulder strain, and cervical strain as the evidence did not establish a causal link between the in-service injuries and current disabilities.

The Board denied service connection for alcohol use disorder and an anxiety disorder, granted service connection for a deviated septum, and granted ratings of 80 percent but no higher for narcolepsy and 20 percent but no higher for dry eye syndrome with arcus senillis.

The Veteran's special monthly pension based on the need for regular aid and attendance is granted, as he requires assistance with daily living activities due to his medical conditions.

The Board remands the claims for service connection of left and right shoulder disabilities due to the need for additional evidence.

The Board denied service connection for multiple disorders, including right and left hip, right knee, right shoulder, left hand (finger), left elbow, vision impairment, thyroid cancer, psychiatric disorder (to include depression and anxiety), separate psychiatric disorder, neck muscle spasms, left shoulder muscle spasms, and a left knee sprain.

The Veteran's service connection claims for left shoulder strain, right shoulder strain, cervical strain with degenerative arthritis and spinal stenosis, and degenerative arthritis and degenerative disc disease of the lumbar spine status post discectomy are being remanded due to a duty to assist error.

The Board denied service connection for a left shoulder disorder, right knee disorder, left knee disorder, and sleep apnea as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Board denied a compensable rating for bilateral hearing loss and a higher than 10 percent rating for bilateral foot porokeratosis in soles, metatarsalgia both feet. The claims for service connection for various disabilities were remanded.

The Board has remanded the Veteran's claims for service connection for various conditions due to a failure to schedule VA examinations. The Veteran was scheduled but did not attend, and good cause is found for this failure.

The Board has remanded the claims for service connection for back and right shoulder disabilities due to a duty to assist error. The VA opinions obtained in January 2021 were deemed inadequate as they did not address direct service connection.

The Board has determined that the Veteran's left shoulder disability is secondary to his service-connected right shoulder disability and grants service connection for this condition.