Shoulder decisions — 2024

The Veteran's migraine headaches are granted service connection. The Board has remanded the issues of service connection for bilateral feet, bilateral knee, neck, back and right shoulder disabilities to include as secondary to his service-connected left shoulder disability.

The Board has determined that the reduction from 30 percent to 10 percent for BPPV was improper and has restored the original 30 percent rating.

The Veteran's appeals for increased evaluations of his degenerative joint disease of the right and left shoulders have been dismissed due to the death of the Veteran during the appeal process.

The Veteran's claims for PTSD, brain tumor, and headaches have been granted. The service connection for left shoulder disability, right shoulder disability, left wrist disability, and right wrist disability are remanded due to duty-to-assist errors.

The Veteran's claim for service connection for fibrosis, gastroesophageal reflux disease (GERD), shin splints, and bilateral shoulder disability is denied. The Veteran's claim for service connection for migraine headaches is granted.,Service connection cannot be established for a bilateral shoulder disability as there is no evidence of such condition during or within one year following active service.

The Veteran's claims for service connection for left and right shoulder degenerative changes, cervical spondylosis with radiculopathy of the upper extremities, and gunshot wound residuals were denied. The claim for radiculopathy of the right upper extremity was granted with an earlier effective date of October 17, 2017.,The Veteran's service connection claims for cervical spondylosis, degenerative disc disease; left upper extremity radiculopathy; and gunshot wound residuals were denied. The claim for residual scar posterior trunk was also denied.

The Board has decided to remand the case due to a duty to assist error and needs additional records and an addendum medical opinion regarding the Veteran's left shoulder disability.

The Board has remanded the claim for service connection of a left shoulder condition, including pain with painful motion and strain. The Veteran's assertions that his shoulder pain had its onset in 1990 are to be considered by an examiner.

The Board has remanded the claims for cervical spine disability, lumbar spine disability, and right shoulder disability due to a lack of service records and potential ACDUTRA injury. The Veteran is required to provide National Guard personnel and treatment records and VA examinations are needed to determine if these disabilities are related to the 1982 injury.

The Board has decided to remand the claims for service connection for lower lumbar, right shoulder, and tinnitus due to new evidence received in September 2021. The AOJ will reconsider these claims on their merits.

The Board has decided to remand the case due to a duty-to-assist error, as the Veteran's statements are sufficient to trigger VA's duty to assist by providing an examination and obtaining an etiology opinion.

The Board denied the Veteran's claim for service connection for right shoulder rotator cuff tendonitis, including as secondary to a service-connected left shoulder partial rotator cuff tear, because the new evidence submitted was not relevant and did not address an issue previously at dispute.

The Veteran's claims for increased ratings for her right shoulder, left shoulder, and thoracolumbar spine intervertebral disc syndrome are being remanded due to inadequate VA examinations conducted in August 2021. The VA will obtain additional medical opinions regarding the severity of these conditions prior to decision.

The Veteran's claims for service connection for a left shoulder disability, right knee disability, and bilateral knee disability were denied. An effective date earlier than March 24, 2021 for the assignment of service connection for these disabilities is also denied.,An effective date earlier than October 12, 2015 for the assignment of a disability rating of 20 percent for a cervical spine disability was denied.

The Veteran's service-connected disabilities, including his right shoulder disability and PTSD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims for service connection due to incomplete service treatment records and inadequate VA medical opinions. The appellant's service records are not complete, and additional VA medical opinions are needed to address the etiology of his claimed disabilities.

The Board has determined that the Veteran's pre-existing right shoulder disability was not clearly and unmistakably aggravated by service, and thus cannot be granted service connection. The case is being remanded for a new VA examination to address this issue.

The Veteran's appeals for earlier effective dates for her right shoulder disabilities have been dismissed due to the Veteran's withdrawal of the appeal.

The Board denied the Veteran's claim for a TDIU due to his service-connected disabilities, as the evidence did not show that these conditions rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for an increased rating for his right shoulder disability is being remanded due to the need for additional medical evidence and a VA examination.