Shoulder Board decisions

The Veteran's claim for service connection for a low back disability was reopened and granted. The right shoulder disability was granted with an effective date of January 30, 2007 based on CUE in the prior decisions. An increased rating for the left shoulder disability remains at 20 percent.

The Board has remanded the case due to the need for new VA examinations and additional development of the claims file.

The Veteran's service-connected disabilities are sufficient to meet the criteria for a TDIU rating, as his combined disability rating is at least 90 percent and he has been found unable to secure or follow any form of substantially gainful employment due to his service-connected conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected degenerative joint disease of both shoulders.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing before the Board. He was previously requested for a video conference hearing and later requested a hearing at the RO, but did not attend either.

The Veteran's bilateral shoulder disability is being remanded for further examination and opinion to determine if it was aggravated by service.

The Veteran's unauthorized medical expenses incurred at a non-VA hospital for treatment of his service-connected conditions were approved due to the nature and severity of his symptoms, which constituted an emergency.

The Board found that the Veteran's cervical spine and right shoulder disabilities are not related to his service or caused by his service-connected lumbar spine disability. The VA examiner opined that the Veteran's cervical spine disability is degenerative in nature, unrelated to his service-connected lumbar spine disability.

The Board has determined that additional development is needed to properly evaluate the Veteran's nonservice-connected pension claim, including obtaining updated VA treatment records and a comprehensive employment history assessment. The case will be remanded for these actions.

The Veteran's service connection claims for allergic rhinitis, left shoulder strain, and residuals of a fracture to the right little toe were granted. Service connection was also established for dry eye syndrome and bilateral eye disability (glaucoma). The Veteran's left ankle disability and associated scars are rated at 10 percent.

The Veteran's additional loss of shoulder motion with atrophy is caused by the VA's failure to provide timely physical therapy, which resulted in a delay and subsequent need for an additional surgery. The Board finds that this constitutes carelessness or similar fault on the part of the VA.

The Board found no evidence of a current right or left shoulder disability and denied the Veteran's claims for service connection.

The Veteran's appeal is being remanded due to his allegation that his right shoulder disability may be secondary to his service-connected mid to upper back strain. The Board requires an addendum opinion from the August 2012 VA examiner or a new orthopedic examination if available, to determine whether the current right shoulder disability was caused by or aggravated by his service-connected mid to upper back strain.

The Veteran's appeal has been dismissed as the Veteran requested to withdraw his appeal for the remaining issues.

The Veteran's appeal is being remanded for additional development, including verification of his Reserve service and an appropriate VA examination to evaluate his claimed cervical spine disorder.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has remanded the case for additional development, including a new VA examination by an orthopedic physician to address whether any diagnosed left shoulder disorder is at least as likely as not caused or aggravated by the service-connected right shoulder disability. The Veteran must be advised of his responsibility to report for this examination and the consequences of failure to do so.

The Board has determined that the Veteran does not have a current bilateral shoulder/upper back disorder or left knee disorder that is related to her military service. The claim for bilateral pes planus was granted, and the right knee disorder (shin splints) claim is encompassed in the award of service connection for shin splints.

The Veteran does not have a current diagnosis of a left shoulder disorder or a back disorder that is service-connected. The Board finds the evidence does not support granting service connection for either condition.

The Veteran's service-connected disabilities, including residuals of a left shoulder injury, low back strain with degenerative joint disease, right shoulder injury, left ankle injury, and radiculopathy of the right lower extremity, are currently evaluated at their maximum assigned ratings. The Board finds no basis to grant increased ratings for any of these conditions.