Shoulder decisions — 2024

The Veteran is seeking SMC at the rate payable under 38 U.S.C. § 1114(o) due to multiple service-connected disabilities, including PTSD and various orthopedic conditions. The Board has remanded for further action as additional medical evidence is needed to determine if regular aid and attendance or higher-level care is required.

The Board has remanded both the service connection for left shoulder disability and the TDIU claim due to inadequate development of evidence in previous examinations. The Veteran's lay statements regarding her ongoing symptoms since service are not adequately addressed.

The Board denied the Veteran's claim for service connection for a left shoulder disability, finding that there was no current diagnosis of such a condition and thus not meeting the requirement for direct service connection.

The Veteran withdrew his appeal in April 2024, and the Board dismissed the case as a result.

The Veteran's initial 10 percent rating for bilateral deep vein thrombosis, right shoulder disability (with unfavorable ankylosis), and pulmonary embolism with obstructive sleep apnea is granted.

The Board has granted service connection for left shoulder tendinosis and acromioclavicular joint osteoarthritis, neck arthritis, LUE nerve disability as secondary to service-connected neck arthritis, and RUE nerve disability as secondary to service-connected neck arthritis.,Service connection is established for these conditions based on the evidence of record showing a current disability that is related to in-service injury or events.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected right shoulder condition caused or aggravated his Obstructive Sleep Apnea (OSA).

The Board has determined that the Veteran's claimed disabilities, including lower back condition with back pain/arthritis, shin splints with pain, TBI, bilateral knee conditions, bilateral ankle conditions, bilateral shoulder/arm conditions, bilateral wrist conditions, and bilateral elbow conditions, are not service-connected.,The VA examiners found no evidence of a nexus between the Veteran's claimed disabilities and his military service.

The Board has determined that the Veteran does not have a current right shoulder disability or left shoulder disability (including tendinitis, degenerative joint disease, and rotator cuff repair) related to service.,The Veteran's bilateral epiphora or a disability manifested by watery eyes is also denied as there is no evidence of such condition during his service or recent to the filing of the claim.

Effective dates of June 20, 2020, but not earlier, have been granted for the awards of various disability ratings due to osteoarthritis and chronic kidney disease.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 30, 2022, finding that it was not factually ascertainable that he became unemployable within one year prior to his formal TDIU claim.

The Veteran's headaches, including migraines, are proximately due to his service-connected PTSD.,The Veteran's right shoulder disability is proximately due to his service-connected left shoulder disability.,There is no evidence of a bilateral foot disability that was incurred in or due to the Veteran's time in service.

The Veteran's appeals for increased ratings and service connection have been remanded due to procedural errors. The Board found that a rating in excess of 20 percent is not warranted for his left shoulder acromioclavicular joint osteoarthritis, and a rating in excess of 10 percent is not warranted for his left distal fibular fracture.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and insufficient opinions regarding the etiology of his claimed conditions. The Veteran is required to be provided with VA examinations to determine if his current disabilities are related to his military service.

The Board denied the Veteran's claim for service connection of a right shoulder disability, finding that there is no current diagnosis and insufficient evidence to establish a link between the condition and in-service events.

The Veteran's claim for service connection for left shoulder strain was initially denied in January 2004. He filed a timely Notice of Disagreement in February 2004, which initiated an appeal process. The Board found new and material evidence to reopen the claim in August 2022 but did not grant it. In November 2023, he requested higher-level review, leading to a denial of his request for earlier effective date due to lack of timely Notice of Disagreement filed within one year of January 2004 decision.

The Veteran's claim for bilateral hearing loss is denied as he does not have a current disability of bilateral hearing loss for VA purposes.,The Veteran's claims for right shoulder, right knee, left knee, and left shoulder conditions are remanded due to the need for additional medical opinions.

Service connection for plantar fasciitis and low back disability is dismissed as there are no eligible rating decisions in the year prior to receipt of the VA Form 10182.,Service connection for allergic rhinitis is granted based on a finding that it manifested within one year of service separation, with evidence not supporting an etiological link to service. Service connection for other stress and trauma related disorder with secondary alcohol use disorder is granted as it is linked to service.,Service connection for right shoulder disability (claimed as pain), left sciatica, and right sciatica is denied due to lack of evidence linking these conditions to service.,Service connection for hypertension is denied because there is no evidence showing a chronic condition in service or manifesting within the applicable presumptive period. Service connection for dizziness is also denied due to lack of evidence supporting an etiological link to service.

The Board has remanded the cases for an addendum opinion to address whether the Veteran's current shoulder sprains are related to military service, including his reports of ongoing pain since 2006.

The Board has granted service connection for right knee patellofemoral pain syndrome, right elbow strain, and right shoulder strain based on the benefit of the doubt doctrine. The Veteran's chronic symptoms were reported during service and continued post-service.