Shoulder Board decisions

The Board has remanded the case due to a lack of consideration of aggravation in the November 2020 VA examination, and the need for an addendum opinion regarding whether the Veteran's right arm disorders are caused or aggravated by his service-connected left shoulder and wrist disabilities.

The Veteran's claims for service connection for right shoulder, left shoulder, cervical spine, and lumbar spine disabilities are remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's right and left shin splints, left shoulder rash, PFB, and tinnitus are all granted service connection. Facial scars are also granted secondary to PFB.

The Veteran's left shoulder disability is currently rated at 20 percent, and the Board has found that the VA examination conducted in April 2019 was inadequate. The Veteran needs a new VA examination to determine if his disability meets or approximates ankylosis.

The Veteran's GERD is rated at a 10 percent disability rating. The Board has remanded the issues of service connection for right and left shoulder conditions, as well as right and left shin splints due to duty to assist errors.

The Board has determined that the claims for bilateral lower extremity radicular disorders, a left shoulder disorder, and bilateral hip disorders must be remanded due to inadequate examination opinions and procedural errors.

The Board has decided to remand the Veteran's claims for left and right shoulder pain as they were not adequately addressed due to missing private treatment records and a need for an adequate medical opinion.

The Veteran's claims for increased ratings and service connection are being remanded due to the complexity of the issues involved, including the need to consider additional evidence not previously considered.

The Veteran's claims for increased evaluations of his shoulder disabilities and TDIU are being remanded due to a duty-to-assist error. The VA will attempt to obtain private medical records from the Veteran's outside providers, Dr. B., Dr. J.L., and Dr. C.

The Veteran's claim for diabetes mellitus, type II was denied as there is no evidence of its onset in service or a link to service.,Before January 1, 2016, the Veteran's headaches were rated at 30 percent and not higher due to lack of very frequent, completely prostrating attacks. Beginning January 1, 2016, his rating was increased to 50 percent based on more severe symptoms.

The Board has granted service connection for obstructive sleep apnea as secondary to major depressive disorder and right shoulder strain as proximately due to left shoulder disability. The decision resolves doubt in favor of the Veteran.

The Veteran's right wrist sprain, left wrist sprain, and right shoulder strain have been granted a rating of 10 percent each effective March 25, 2021.

The Veteran's appeal for a higher rating on his left knee disability has been withdrawn. Service connection is granted for asthma, but the Board finds that there are pre-decisional duty to assist errors regarding service connection for lumbar spine, cervical spine, bilateral shoulder, and right knee disabilities.

The Veteran's initial rating for left shoulder arthritis and right shoulder arthritis was denied as they did not meet the criteria for a higher rating under Diagnostic Code 5201.,Earlier effective dates for left shoulder arthritis and right shoulder arthritis were also denied due to lack of new and material evidence within one year of the November 2001 denial.

The Board has found the VA examination opinions inadequate due to their failure to address direct service connection and the Veteran's competent reports of self-treating with over-the-counter medication. The claims are being remanded for further development.

The Veteran withdrew his appeals for service connection of left shoulder, left knee, and back disabilities before the Board could make a decision.

The Veteran's appeals for service connection and increased rating were dismissed as the requests for extensions of time to file appeal forms were denied, and no good cause was shown.

The Veteran's appeal for left shoulder disability was withdrawn by the Veteran during his virtual Board hearing.,Service connection is granted for tinnitus, headaches, GERD, chronic pain syndrome, lumbar radiculopathy (legs and feet), lumbar radiculopathy (arms and hands), and unspecified depressive disorder. Service connection is denied for PTSD.

The Veteran's claim for an earlier effective date for DEA eligibility is dismissed as his eligibility was granted with an effective date of April 29, 2016. The appeal for SMC based on need for regular aid and attendance prior to June 27, 2019, is denied due to lack of evidence showing the Veteran required such assistance.

The Board denied the Veteran's claims for service connection for right shoulder osteoarthritis and right foot hallux rigidus, finding that new evidence did not support reopening of these claims.,For right shoulder osteoarthritis, the Board noted a current diagnosis but found no in-service disease or injury related to this condition. The claim was denied as there was insufficient evidence linking the current disability to service.