Shoulder Board decisions

The Board has remanded the Veteran's claims for right shoulder injury, lung condition/respiratory condition, and right side collarbone injury due to inadequate duty to assist errors. The cases are being returned for further development.

The Board has remanded the Veteran's claims for eligibility to specially adapted housing (SAH) and special home adaptation (SHA) due to unclear findings regarding whether his service-connected disabilities result in loss of use of one or more upper and/or lower extremities.

The Veteran's claim for an increased rating for left elbow bursitis since December 27, 2024, was denied. The Veteran received a 10% disability rating from December 27, 2023, to December 26, 2024.,The Veteran's claim for an increased rating for left shoulder rotator cuff tendonitis with displaced fracture of lateral end of left clavicle since December 27, 2023, was denied.

The Board has denied service connection for a left shoulder disability and remanded the claims of service connection for an acquired psychiatric disability, bilateral hand arthralgia, nose disability (manifesting in nosebleeds), and compensation under 38 U.S.C. § 1151 for lumbosacral strain due to insufficient evidence.

The Board has dismissed the claims for service connection for bilateral shoulder disability and hypertension as there are no longer any pending issues in controversy. The Veteran's combined disability rating is 100%, but his TDIU claim is moot due to the presence of other disabilities.

The Veteran's claims for an increased rating for his right shoulder disability and TDIU are being remanded due to inadequate pre-decisional duty-to-assist errors in the October 2020 VA examination, which did not adequately address functional loss during flare-ups. The AOJ is also required to obtain a retrospective medical opinion regarding the severity of the Veteran's service-connected right shoulder disability from May 13, 2020 and request employment information for TDIU consideration.

The Veteran's service connection claims for degenerative joint and disc disease in the lumbar spine, left shoulder condition, and PTSD are all granted. The Veteran has a current diagnosis of degenerative joint and disc disease in the lumbar spine that had its onset during service. However, there is no evidence to support a current diagnosis for a left shoulder condition or PTSD.

The Veteran's claims for an increased rating for his right shoulder disability and TDIU are being remanded due to inadequate pre-decisional duty-to-assist errors in the October 2020 VA examination, which did not adequately address functional loss during flare-ups. The AOJ is also required to obtain a retrospective medical opinion regarding the severity of the Veteran's service-connected right shoulder disability from May 13, 2020 and request employment information for TDIU consideration.

The Board denied service connection for various ankle, hip, wrist, elbow, and shoulder conditions as there was no evidence of a current disability or in-service injury that caused the claimed conditions.

The Veteran withdrew his appeals for the issues of entitlement to service connection of right and left elbow arthritis, as well as left shoulder arthritis.

The appeal concerning entitlement to service connection for right ear hearing loss is dismissed as the Veteran's claim has already been granted.,The appeal concerning entitlement to service connection for left ankle sprain is dismissed as the Veteran was awarded service connection based on a non-liberalizing law and the issue of an effective date is not on appeal.

The Veteran's eligibility for enrollment in the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to a lack of clinical evidence supporting his need for personal care services, supervision or instruction. The Board finds that the medical opinion upon which the denial was based is legally inadequate and requires further review.

The Veteran's claims for increased ratings and service connection have been denied. The rating in excess of 10 percent for tinnitus is denied, as the evidence does not support a higher rating under the applicable criteria. The claim for a compensable rating for bilateral hearing loss is also denied due to lack of evidence supporting a higher rating based on audiometric results. Service connection for hypertension and bilateral foot fungus are granted with effective dates from May 19, 2020, to August 9, 2022, respectively. The Veteran's claims for service connection regarding left knee pain (status post arthroscopy), right knee pain (status post arthroscopy), low back disability (degenerative arthritis of the spine), left shoulder pain, and right shoulder pain are all granted with effective dates from August 10, 2022. The Veteran's claims for service connection regarding left leg shooting pain and radiculopathy secondary to low back disability and right leg shooting pain and radiculopathy secondary to low back disability remain pending.

The Veteran's service-connected disabilities, including a psychiatric condition and various musculoskeletal issues, have rendered him unable to secure or maintain substantially gainful employment during the appeal period.

The Veteran's service-connected disabilities do not render him unemployable, and his TDIU claim is denied.

The Board has dismissed the appeals for higher ratings of tinnitus, bilateral hearing loss, and right shoulder disability. The Veteran's diabetes mellitus Type II is granted as secondary to his service-connected musculoskeletal disabilities.

The Board has remanded the case due to procedural errors and the need for additional evidence. The Veteran's claims of entitlement to an initial compensable evaluation for service-connected bilateral hearing loss, an effective date earlier than December 27, 2023, for the award of service connection for service-connected right shoulder disabilities, and a higher initial evaluation for service-connected right shoulder disabilities are now pending.

The Board has granted new and relevant evidence for the claims of service connection for migraine headache, right shoulder disability, and left knee disability. The Veteran's PTSD is rated at 70%.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for various disabilities, including a right foot disability, sleep disorder, cervical spine disability, left shoulder disability, right shoulder disability, left knee disability, and left foot disability. The claims are being remanded due to the need for further development.

The Board has decided to remand the Veteran's claims for service connection of bilateral shoulder conditions due to insufficient medical evidence and the need for a new opinion.