Shoulder Board decisions

The Board has remanded the case due to inconsistencies in the medical evidence regarding the Veteran's right upper extremity disorders and their relationship to service. The issues include determining if a pre-existing right shoulder labral tear clearly and unmistakably existed prior to service, and whether any current right upper extremity disorders are related to military service.

The Veteran's right shoulder acromioclavicular joint osteoarthritis is granted as service connected.

The Board has determined that the Veteran's claims for service connection related to hypertension, hemorrhoids, sleep impairment, a swollen artery in the stomach, neck disability, right shoulder disability, right hip disability, left knee disability, and right knee disability need further examination and evaluation. The VA will obtain all relevant records and schedule the Veteran for examinations to determine if these conditions are related to his military service.

The Board has remanded the claims for service connection for cervical spine and bilateral shoulder disabilities due to incomplete compliance with previous remand directives. The Veteran's private treatment records have not been obtained, and the RO must make additional efforts to obtain these records.

The Board has denied the Veteran's claims for service connection for various knee, ankle, shoulder, and back disabilities due to a lack of evidence showing that these conditions began during service or are otherwise related to in-service injuries.

The Veteran's left shoulder impingement syndrome has been rated at 20 percent since July 2016. The Board found that the evidence does not support a higher rating due to lack of limitation of motion to 25 degrees from the side, and denied the claim for an increased rating.

The Veteran's right shoulder degenerative arthritis status post subluxation fixation surgery is rated at 40 percent from August 1, 2009 to March 2, 2021 (excluding the temporary 100 percent rating from September 29, 2015 to November 1, 2015).

The Board has decided to remand the case due to incomplete records, specifically a discharge Report of Medical History. The Veteran's claim for service connection for a left shoulder disability will be reconsidered based on all available evidence.

The Veteran's claims for higher disability ratings for his service-connected shoulder conditions and fibula fracture were denied. The Board found that the evidence did not support a higher rating based on the current level of functional impairment.

The appeal concerning entitlement to service connection for a left shoulder condition is dismissed.,Entitlement to service connection for COPD has not been met. The Veteran's current COPD does not appear to be related to his active service.

The Veteran's claims for service connection for tinnitus and left shoulder are remanded due to the need for additional evidence and VA examinations.

The Board has determined that the VA examinations did not comply with remand directives and thus the claims for service connection are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's service-connected stiff-person syndrome and related conditions have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU prior to November 9, 2020. The issue of entitlement to an increased rating for SPS is remanded due to possible worsening of the condition.

The Board has granted service connection for the Veteran's claimed left shoulder strain and impingement syndrome, cervical strain with myositis, lumbar strain with myositis, bilateral iliopsoas tendinitis of the hips, bilateral patellofemoral pain syndrome of the knees, right ankle tendinitis, chronic left ankle sprain, and bilateral lateral epicondylitis of the elbows.

The Veteran's right knee, left shoulder, neck, and lumbar spine disabilities were denied service connection as they are not shown to be related to his military service.

The Veteran's eligibility for benefits under the PCAFC is remanded due to a legal error in the initial decision, specifically related to the interpretation of 'need for supervision, protection or instruction' as defined by 38 C.F.R. § 71.15.

The appeal is dismissed as the September 2022 Statement of the Case renders moot the issue regarding the timeliness of VA Form 21-0958, Notice of Disagreement received on July 18, 2019 challenging a July 18, 2018 decision which denied reopening previously-denied claims for service connection.

The Veteran's service connection claims for right shoulder disorder and left ankle disorder have been granted.,Service connection has also been denied for the remaining issues: bilateral eyesight loss, bilateral hearing loss, burn scar on the left side of the neck, and a back disorder.

The Board has found that further development is needed for the Veteran's claims of service connection for bilateral hearing loss and right shoulder disabilities due to additional evidence submitted since the last statement of the case. The claims are being remanded for a new VA examination and medical opinion.

The Board has remanded the cases of an initial rating in excess of 20 percent for a right shoulder disability and an initial compensable rating for a right shoulder scar due to lack of information on range of motion during flare-ups, as well as the need for another scar examination.