Shoulder decisions — 2024

The Board has granted service connection for prostate cancer, colon cancer, skin cancer, and COPD disabilities based on the Veteran's in-service exposure to asbestos and toxic gasses.

The Veteran's claim for an earlier effective date for service connection of his left shoulder condition is denied as the earliest possible effective date under law is March 18, 2021.

The Veteran's claim for TDIU was denied, and the Board has decided to remand it due to a duty to assist error regarding Social Security records.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error in not obtaining his complete military records and ensuring he had a separation examination. The right shoulder condition claim is being remanded for an additional VA examination, while the sleep apnea claim requires a medical opinion.

The Board has determined that the Veteran does not have a currently diagnosed right knee or right shoulder disability, and thus service connection for these conditions is denied. The case must be remanded to obtain a VA examination to determine if the Veteran has any current disabilities of the right shoulder.

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities, particularly chronic sinusitis and orthopedic conditions.

The Veteran's claims for right upper extremity, left upper extremity, right lower extremity, and left lower extremity peripheral neuropathy as well as cervical spinal stenosis have been granted. The claim of service connection for hypertension (HTN) has also been granted as secondary to service-connected PTSD.,The Veteran's claims for obstructive sleep apnea (OSA) and right shoulder disability have also been granted as secondary to service-connected PTSD.

The Board has decided to remand the case due to a lack of a VA examination prior to the decision, and the Veteran should be provided with an examination to determine his right shoulder disability.

The Board has dismissed all claims related to the Veteran's service-connected conditions, including those for increased ratings and earlier effective dates. The appeal is dismissed due to the Veteran's death.

The Veteran's service-connected right shoulder disability causes permanent loss of use of his right hand, qualifying him for an automobile and adaptive equipment. His eye impairment does not meet the criteria for SMC.

The Board has decided to remand the case due to duty to assist errors and a need for an addendum medical opinion regarding the Veteran's right shoulder disability.

The Board has remanded the Veteran's claim of service connection for obstructive sleep apnea (OSA) due to his service-connected orthopedic disabilities, including left knee limitation of motion, low back strain with degenerative joint disease and degenerative arthritis, right shoulder tendonitis, left knee degenerative joint disease, and raticulopathy left lower extremity. The AOJ must obtain an addendum opinion addressing whether the Veteran's obesity caused or aggravated his service-connected orthopedic disabilities, which in turn caused or aggravated his OSA.

The Veteran's right shoulder disability was granted service connection effective September 14, 2020. The earlier date of entitlement is the date of receipt of the claim or the date entitlement arose, whichever is later.

The Veteran's appeal for service connection has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has granted the Veteran's claim for service connection for left shoulder acromioclavicular joint separation with osteoarthritis and glenohumeral joint dislocation, effective September 2, 2020. The issue of service connection prior to that date remains pending.

The Veteran's claims for service connection were denied in December 2018, and the effective date of his subsequent successful claims was set at April 3, 2020. The Board found that the claim to reopen was not timely filed within one year of the denial.

The Veteran's claim for a temporary total evaluation for service-connected right shoulder bursitis due to convalescence was denied because the claim was filed more than one year after his January 2020 surgery, which is when entitlement arose.

The Veteran's service-connected disabilities have rendered him in need of the regular aid and attendance of another person, warranting entitlement to SMC based on aid and attendance.

The Veteran's past-due benefits were awarded in the June 2021 rating decision, which granted a 20% increased rating for left shoulder impingement. This contributed to his overall 100% disability rating from March 26, 2020.

The Veteran's claim for service connection for a lumbosacral strain (claimed as a back strain) was granted. The claims for service connection of the left knee, ankle, elbow, shoulder, wrist, and cardiovascular conditions are remanded due to duty-to-assist errors.