Shoulder Board decisions

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.

The Board remands the claims for service connection for various disorders, including an acquired psychiatric disorder, neck, back, headache, right ankle, right knee, right shoulder, and right elbow disorders, penile disorder (erectile dysfunction), and sleep apnea, to correct a pre-decisional error by verifying the Veteran's duty status in January 2017 and obtaining additional medical opinions.

The Board denied the veteran's claims for increased ratings and service connection, remanding some issues for further development.

The Board remands the claims for right shoulder and back pain to obtain additional medical opinions addressing the Veteran's work as a welder and in-service injury.

The Board denied the Veteran's claims for service connection for sinusitis and a right wrist disability, as there was no evidence of these conditions during or shortly after his military service. The claims for other disabilities were remanded for further development.

The Board denied the Veteran's claim for service connection for bilateral hearing loss disability, as there was no current diagnosis of a hearing loss disability. The claims for service connection for right shoulder, left shoulder, and left foot disabilities were remanded for further development.

The Board denied the veteran's request for an earlier effective date for service connection for various conditions, including PTSD and migraine headaches.

The Board denied service connection for bilateral sensorineural hearing loss and remanded the claims for other conditions due to insufficient evidence.

The Board remands the Veteran's claim for service connection for a right shoulder condition to afford the Veteran a VA examination to determine the nature and etiology of his claimed condition.