Shoulder decisions — 2025

The Veteran's appeal requests for the specified rating decisions were denied as they were not timely filed, and good cause was not shown to accept late filings.

The Board granted the restoration of a 40 percent disability rating for right shoulder status post decompression and acromioplasty residuals, but denied an increased rating in excess of 40 percent. The Board also remanded the claim for a higher rating for migraines.

The Veteran's service connection for migraine headaches was granted as secondary to his service-connected disabilities, while other conditions were denied.

The Board granted service connection for left shoulder disability and back disability, but denied service connection for left ear hearing loss and right ear hearing loss.

The Board granted service connection for an acquired psychiatric disorder as it was caused by the Veteran's service-connected skin disabilities. The other issues were remanded for further development.

The Board granted a 40 percent rating for the Veteran's left shoulder disability and a 30 percent rating for the right shoulder disability, effective October 19, 2023.

The Board denied the veteran's claims for a higher rating for PTSD, TDIU based on PTSD, and service connection for various disabilities, except for tinnitus which was granted.

The Board granted service connection for obstructive sleep apnea (OSA) and denied service connection for a respiratory condition, claimed as dyspnea. The right shoulder strain and upper extremity peripheral neuropathy claims were remanded.

The Board remands the claims for service connection for left and right shoulder conditions due to a failure of the AOJ to satisfy its duty to assist duties under 38 U.S.C. § 5103A.

The Board granted service connection for a back disability, neck disability, right shoulder disability, left ankle disability, left knee disability, right knee disability, left elbow disability, and right elbow disability.

The Board remands the issues of service connection for a recurrent right shoulder disability and a temporary total rating under the provisions of 38 C.F.R. § 4.30 based upon a period of convalescence following a 2009 right shoulder surgical procedure for further action consistent with the Joint Motion for Partial Remand.

The Board granted service connection for tinnitus and denied service connection for diabetes mellitus, type II. The remaining claims for service connection were remanded.

The Board remands the case for additional development, including obtaining medical opinions and records to determine the etiology of various claimed conditions.

The Board denied service connection for a bilateral ankle disorder, DMII, heart disorder, right shoulder disorder, hypertension, low back disorder, bladder cancer, and left and right lung disease as the weight of the evidence did not support a finding that any of these conditions were related to the Veteran's active duty service.

The appeal for direct payment of attorney fees based on past-due benefits awarded from a February 2024 rating decision, which awarded service connection for a hiatal hernia and a right shoulder strain, was denied.

The Board remanded the Veteran's eligibility for enrollment in the Program of Comprehensive Assistance for Family Caregivers because the initial VA decision was conclusory and based on an incorrect interpretation of regulatory requirements for 'need for supervision, protection, or instruction.' A new medical opinion must be obtained that properly applies the correct statutory criteria and addresses how the Veteran's diagnoses affect daily functioning.

The Board granted service connection for headaches but denied service connection for left knee degenerative arthritis, right hand osteoarthritis, and right shoulder degenerative arthritis.

The Board remands the claims for an earlier effective date for service connection of various conditions based on clear and unmistakable error (CUE) in a March 1995 rating decision.

The appeal was dismissed as the Veteran did not timely file a Board Appeal request with respect to the rating decision issued on October 19, 2022.

The Board has dismissed the appeals for service connection for migraines, cervical spinal stenosis, a scar on neck, and right ankle disability, as well as increased ratings for bilateral carpal tunnel syndrome. The appeal for service connection for PTSD was denied due to insufficient evidence of a current diagnosis of PTSD.