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Board of Veterans' Appeals · Legacy series

The appeal for service connection for a left shoulder disorder is dismissed.

January 30, 2026Citation Nr. 26001401Docket 16-18 123va.gov source

  • Service connection for a left shoulder disorderDismissed
  • Service connection for a motor tic disorderRemanded

Board reasoning

The Board dismissed the left shoulder claim as a full grant has been issued in the January 2026 rating decision, leaving no matter for appellate review. The motor tic disorder claim remains on remand to obtain a medical opinion on aggravation by the service-connected left upper extremity impairment; prior remands and JMPRs show ongoing procedural development. The Board notes that the August 2025 and subsequent January 2026 developments require further medical opinion to resolve secondary service connection issues.

Authorities

  • Grantham v. Brown, 114 F.3d 1156Cites full grant of appeal resulting in dismissal of left shoulder disorder claim
Citation Nr: 26001401 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 16-18 123 DATE: January 30, 2026 ORDER The appeal for service connection for a left shoulder disorder is dismissed. REMANDED Service connection for a motor tic disorder. FINDINGS OF FACT 1. The Veteran served on active duty from October 1993 to February 1994, plus additional service in the Reserve. 2. Service connection for left shoulder strain with shoulder impingement syndrome, instability, and degenerative arthritis was granted in a January 2026 rating decision; there is no justiciable issue remaining on appeal to the Board. CONCLUSION OF LAW The appeal for service connection for a left shoulder disorder is dismissed. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2025). REASONS AND BASES FOR FINDINGS AND CONCLUSION This case has an extensive procedural history. Briefly, the Veteran testified at a hearing held before the undersigned Veterans Law Judge in July 2021. A transcript of the hearing is of record. In April 2022, the Board denied various claims for service connection and remanded the claims of service connection for left shoulder and motor tic disorders. The Veteran appealed to the Veterans Claims Court. In January 2023, the Court Clerk granted a Joint Motion for Partial Remand (JMPR) which vacated the Board's April 2022 decision and remanded the matters to the Board for action consistent with the JMPR. In December 2023, the Board denied service connection for left shoulder and motor tic disorders. In May 2024, the Board again denied service connection for various other claims. The Veteran appealed both decisions. In October 2024, the Court Clerk granted a second Joint Motion for Remand (JMR) which vacated the Board's December 2023 decision. In April 2025, the Court Clerk granted a third JMR which vacated the Board's May 2024 decision. All matters were remanded to the Board for action in compliance with the JMRs. In March 2025 and October 2025, the Board remanded the claims for service connection for left shoulder and motor tic disorders, among others consistent with the respective JMRs. Dismissal of Service Connection for a Left Shoulder Disorder As it relates to the left shoulder, generally, the Board's jurisdiction is predicated upon an appeal having been filed on an issue or issues in controversy. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101. While the Board remanded the issue in March and October 2025, and a November 2025 supplemental statement of the case continued the denial, the AOJ granted service connection for left shoulder strain with shoulder impingement syndrome, instability, and degenerative arthritis in a January 2026 rating decision. As this represents a full grant of the benefits sought on appeal with respect to the issue of service connection for a left shoulder disorder and the claim is no longer on appeal before the Board. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). Therefore, the appeal for service connection of a left shoulder disorder is dismissed. REASONS FOR REMAND As it relates to the motor tic disorder, the October 2025 remand noted that the disorder was being claimed as secondary to the left arm disorder. To this end, the AOJ granted service connection for left upper extremity ulnar nerve impingement in January 2026. In January 2026, a VA medical opinion was obtained as to secondary service connection. Specifically, the VA examiner opined that the motor tic disorder was not proximately due to or the result of the service-connected left upper extremity ulnar nerve impingement; however, the January 2026 examiner did not provide an opinion as to whether the motor tic disorder was aggravated by the left upper extremity ulnar nerve impingement. Therefore, a remand for such a medical opinion is needed. The matter is REMANDED for the following action: Direct the claims file to a clinician to address the etiology of the Veteran's motor tic disorder. The clinician is asked to provide an opinion as to the following: " What is the medical probability (that is, the likelihood is at least approximately balanced or nearly equal, or higher) that a motor tic disorder was aggravated by the service-connected left upper extremity ulnar nerve impingement? Aggravation means a worsening in the condition beyond its natural progression but the worsening does not have to be permanent. It would be helpful to the Board if the clinician could explain in layman's terms the mechanism by which service-connected left upper extremity ulnar nerve impingement could aggravate a motor tic disorder. A complete rationale is required for any stated opinion. If the clinician determines that an examination is necessary in order to provide the requested opinion, then one should be scheduled. L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Redman The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.