Shoulder Board decisions

The Board denied service connection for multiple conditions, including bilateral hearing loss, chronic kidney disease, cell bladder carcinoma, hypertension, and various musculoskeletal issues, as the evidence did not support a finding that any of these conditions were incurred or aggravated during active duty for training.

The Board granted service connection for periodic leg movements, obstructive airway defect, left hip disorder, right hip disorder, right shoulder disorder, cervical spine disorder, traumatic brain injury (TBI), and cephalalgia (migraines) based on presumptive or direct service connection. The claims for chronic fatigue syndrome, sleep apnea, allergic rhinitis, irritable bowel syndrome, right wrist ganglion cyst, unspecified trauma and stressor related disorder with depressive disorder, and right knee patellofemoral pain syndrome were denied.

The Board granted an initial 10 percent disability rating for the Veteran's back disability, to include degenerative disc disease, but denied a compensable disability rating for right shoulder tendinopathy and dismissed the claim for entitlement to a 10 percent evaluation based upon multiple, noncompensable, service-connected disabilities.

The Board granted an effective date of July 30, 2022 for the award of a 50 percent rating for generalized anxiety disorder and major depressive disorder (psychiatric disorder) but denied earlier effective dates for other conditions.

The Board denied service connection for a bilateral hearing loss disability and denied increased ratings for various disabilities, including left upper extremity radiculopathy, right knee tendinopathy, left knee tendinopathy, posttraumatic stress disorder (PTSD), generalized anxiety disorder, degenerative disc disease of the cervical spine, degenerative arthritis of the right shoulder, degenerative arthritis of the left shoulder, and plantar fasciitis in both feet.

The Board granted service connection for right shoulder strain and tension headaches, denied service connection for sinusitis, and granted initial ratings of 70 percent, but no higher, for depressive disorder, 40 percent, but no higher, for lumbosacral strain, and 20 percent, but no higher, for left and right lower extremity radiculopathy.

The Board remands the claims for an additional VA examination to determine the current level of severity of the Veteran's right shoulder disability and to address the need for regular aid and attendance.

The Board granted service connection for obstructive sleep apnea (OSA) secondary to diabetes mellitus and/or GERD, but denied service connection for peripheral neuropathy of the bilateral upper and lower extremities and a right shoulder disability.

The Board denied service connection for a bilateral knee disability, a bilateral ankle disability, and a right shoulder disability as the evidence did not support that these conditions began during active service or are otherwise related to an in-service injury or disease.

The appeal is dismissed as the Veteran did not express disagreement with any issue decided by the AOJ within the prior year.

The Board dismissed the appeals for service connection for left shoulder acromioclavicular joint osteoarthritis, right shoulder acromioclavicular joint osteoarthritis, spinal fusion of the lumbar spine with degenerative arthritis, and a rating in excess of 10 percent for the Veteran's left ankle. The appeal for service connection for an acquired psychiatric disorder was granted.

The Board found that the evidence did not support a finding that the Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment as of September 15, 2022.

The Board denied service connection for obesity and denied earlier effective dates for the awards of service connection and ratings for posttraumatic stress disorder, unspecified depressive disorder, delusional disorder paranoid type, left shoulder bicipital tendonitis status post left shoulder slap bicep tendonitis (non-dominant), and left knee strain. However, it granted an earlier effective date for the award of service connection for left knee strain.

The Board remands the matter for an adequate examination to address the nature and etiology of the Veteran's left shoulder disability.

The Board granted service connection for a chronic cervical spine disability and a chronic left shoulder disability, resolving reasonable doubt in favor of the Veteran.

The appeal for service connection for an acquired psychiatric disorder was dismissed, while the claims for service connection for right and left knee disabilities were granted. The other claims were remanded.

The Board denied the Veteran's claims for an earlier effective date for service connection of gunshot wound (GSW) residuals involving muscle group II of the right shoulder girdle and GSW residuals involving muscle group XXII of the right front neck, as the July 16, 2019 VA examination was the first to document injuries to these specific muscle groups.

The Board granted service connection for left shoulder strain, right knee strain, and migraine including migraine variants. The claim for an initial disability rating of 30 percent for cervical strain with degenerative arthritis was also granted.

The Board granted service connection for major depressive disorder with anxious distress as due to the Veteran's service-connected left hip labral tear with strain and trochanteric pain syndrome, but denied service connection for thoracic spine scoliosis, bilateral hallux valgus, obstructive sleep apnea (OSA), left knee strain with patellar tendinitis, and left shoulder strain.

The Board dismissed the appeals for service connection for a left shoulder disability, psychiatric disability (anxiety), and plantar fasciitis due to procedural errors in the filing of the Veteran's notices of disagreement and concurrent elections.