Shoulder decisions — 2024

The Veteran's service connection claims for thoracolumbar spine, left shoulder, and right shoulder disabilities are granted. The claim for obstructive sleep apnea is remanded due to a lack of a VA examination.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

Your appeals for service connection for left shoulder condition and tinnitus have been dismissed because the appeal was not filed within one year of the denial in September 2020.

The Board has remanded the case due to an inadequate VA examination, and a new examination is required to determine if the Veteran's right shoulder disability is related to service.

The Board denied the Veteran's claim for service connection for right shoulder strain and impingement syndrome, finding that there is not an approximate balance of positive and negative evidence to support the claim.

The Board has denied the Veteran's claims for service connection for a right shoulder disorder and sinusitis, finding that there is no current diagnosis of these conditions during the appeal period.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Board has remanded the claims of service connection for left shoulder pain, a left knee disability, and a right knee disability due to insufficient examination findings. The Veteran's lay statements regarding his symptoms will be considered.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as his Motion for Extension of Time was granted, making the form timely.

The Veteran's claims for MDD, migraines, residuals of a head injury, and scar were granted with effective dates starting from October 11, 2011. The Board denied earlier effective dates as there was no indication of an intent to file such claims prior to the filing date.,For migraines, residuals of a head injury, and scar, the Veteran's claims were filed on October 11, 2011, which is when service connection was granted. The Board found that earlier effective dates could not be assigned as there was no indication of an intent to file such claims prior to this date.

The Veteran's initial compensable disability ratings for right upper extremity, left upper extremity, posterior trunk, and anterior trunk residual scars have been denied. The reduction of the 10% disability rating assigned to his chloracne with residual scarring to the lower face and neck has been granted.

The Board has granted service connection for a left shoulder disability and an initial rating of 30 percent for sinusitis, both effective from April 27, 2021.

The Veteran's TDIU and DEA benefits were granted with an effective date of November 2, 2014. The Board found that the service-connected disabilities prevented him from securing or following substantially gainful employment as early as November 2, 2014.,VA has a duty to maximize benefits for the Veteran.

The Board has decided to remand the claims for bilateral shoulder disabilities due to inadequate VA medical opinions and failure to obtain relevant service personnel records and treatment records. The AOJ will need to correct these errors in order to properly adjudicate the claims.

The Board has decided that the Veteran's current right shoulder disorder is related to service, specifically a June 2012 incident where he sought treatment for a right shoulder injury during reserve duty. However, due to procedural errors in obtaining an examination and medical opinion, the case is being remanded.

The Board has denied service connection for a left shoulder condition, finding that the evidence does not support a link between the current condition and active military service.

The Board has remanded the claim of service connection for a left shoulder disorder, as there is insufficient evidence to determine its etiology and a VA examination is needed.

The Board has determined that there were errors in the duty to assist and remands several issues for further development, including psychiatric disorders, back disability, sleep apnea, right knee disability, left knee disability, and left shoulder disability.

The Veteran's claims for right shoulder disability, left knee strain, and left shoulder strain have been dismissed as the appeals are complete with the grants of service connection.