Shoulder Board decisions

The Board denied the Veteran's claim for service connection for right shoulder strain and impingement syndrome, finding that there is not an approximate balance of positive and negative evidence to support the claim.

The Board has denied the Veteran's claims for service connection for a right shoulder disorder and sinusitis, finding that there is no current diagnosis of these conditions during the appeal period.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Board has remanded the claims of service connection for left shoulder pain, a left knee disability, and a right knee disability due to insufficient examination findings. The Veteran's lay statements regarding his symptoms will be considered.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as his Motion for Extension of Time was granted, making the form timely.

The Veteran's claims for MDD, migraines, residuals of a head injury, and scar were granted with effective dates starting from October 11, 2011. The Board denied earlier effective dates as there was no indication of an intent to file such claims prior to the filing date.,For migraines, residuals of a head injury, and scar, the Veteran's claims were filed on October 11, 2011, which is when service connection was granted. The Board found that earlier effective dates could not be assigned as there was no indication of an intent to file such claims prior to this date.

The Veteran's initial compensable disability ratings for right upper extremity, left upper extremity, posterior trunk, and anterior trunk residual scars have been denied. The reduction of the 10% disability rating assigned to his chloracne with residual scarring to the lower face and neck has been granted.

The Board has granted service connection for a left shoulder disability and an initial rating of 30 percent for sinusitis, both effective from April 27, 2021.

The Veteran's TDIU and DEA benefits were granted with an effective date of November 2, 2014. The Board found that the service-connected disabilities prevented him from securing or following substantially gainful employment as early as November 2, 2014.,VA has a duty to maximize benefits for the Veteran.

The Board has decided to remand the claims for bilateral shoulder disabilities due to inadequate VA medical opinions and failure to obtain relevant service personnel records and treatment records. The AOJ will need to correct these errors in order to properly adjudicate the claims.

The Board has decided that the Veteran's current right shoulder disorder is related to service, specifically a June 2012 incident where he sought treatment for a right shoulder injury during reserve duty. However, due to procedural errors in obtaining an examination and medical opinion, the case is being remanded.

The Board has denied service connection for a left shoulder condition, finding that the evidence does not support a link between the current condition and active military service.

The Board has remanded the claim of service connection for a left shoulder disorder, as there is insufficient evidence to determine its etiology and a VA examination is needed.

The Board has determined that there were errors in the duty to assist and remands several issues for further development, including psychiatric disorders, back disability, sleep apnea, right knee disability, left knee disability, and left shoulder disability.

The Veteran's claims for right shoulder disability, left knee strain, and left shoulder strain have been dismissed as the appeals are complete with the grants of service connection.

The Board has denied the Veteran's claims for service connection for left elbow pain, right elbow pain, left shoulder pain, and left wrist pain. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's bilateral shoulder degenerative arthritis and right shoulder rotator cuff tendonitis are rated at 10 percent since October 25, 2011 until July 9, 2019.,The Veteran's left shoulder degenerative arthritis is rated at 20 percent effective July 9, 2019.,The Veteran's acquired mental disorder is rated at 70 percent since January 31, 2013.,The Veteran's right leg radiculopathy is rated at 10 percent effective July 9, 2019. The TDIU claim was remanded.

The Board has decided to remand the claims for a right shoulder disability and left ankle disability due to insufficient medical opinions provided at the time of the August 2021 rating decision. The Veteran's specific medical history, including his reported in-service and post-service symptoms, needs to be considered.

The Veteran's appeal for service connection for cervical spine disability was dismissed due to improper docketing under the Appeals Modernization Act. The appeals for bronchitis, lumbar spine disability, left shoulder disability, and right shoulder disability were all granted based on new evidence received since previous final decisions.