Shoulder decisions — 2007

The Board has reopened the veteran's claim of entitlement to service connection for left shoulder rotator cuff tear residuals and remanded the issue for further development.

The Board has determined that the veteran's arthritis of the bilateral knees and shoulders were not incurred or aggravated by service, and therefore denied his claims for service connection.

The Board has found no current diagnosed left knee, left wrist, or left shoulder disorders. The veteran's symptoms from the February 1989 motor vehicle accident did not result in chronic disabilities.

The veteran's appeal is being remanded for additional development, including obtaining medical records and verifying stressor events. The issues of service connection for PTSD and right shoulder torn rotator cuff as secondary to the service-connected left shoulder disability are also being addressed.

The Board denied service connection for a right shoulder disability and bilateral hearing loss. The veteran's claim for bilateral hearing loss was not reopened because the RO had previously denied it in April 1989, which became final after the veteran did not appeal within one year.

The Board has granted service connection for degenerative changes of the neck, right shoulder, right knee and right hip. The appellant is currently rated at 30% for his PTSD disability.

The Board has remanded the case due to deficiencies in notice and because the propriety of the severance of service connection for a left shoulder disability is intertwined with the veteran's claim for an increased rating for his left elbow disability.

The Board has denied the veteran's claims of service connection for fibromyalgia, headaches, neck pain other than fibromyalgia, thoracic and lumbar spine disability other than fibromyalgia, bilateral shoulder disability other than fibromyalgia, and bilateral leg pain other than fibromyalgia. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current diagnoses are related to service or her service-connected depression.

The Board denied increased ratings for the veteran's right and left shoulder Thoracic Outlet Syndrome (TOS), finding that current objective findings do not warrant a rating in excess of 20% or 10%, respectively.

The veteran's claims for service connection and reopening of previously denied claims are being remanded due to inadequate notice provided.

The Board has determined that the veteran does not have a low back disability related to service, and his respiratory disability is not linked to service. The cervical spine disability was also found not to be related to service or his service-connected right shoulder disability.,As such, the claims for service connection for these conditions are denied.

The Board has determined that the veteran's current right shoulder disability is not related to his service, and thus denied his claim for service connection.

The Board found that the veteran's bilateral shoulder and back disabilities were not incurred or aggravated by service, and denied his claims.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for higher disability evaluations or service connection under the applicable rating criteria.

The Board has determined that the evidence received since the April 1991 rating decision is not new and material, thus denying the reopening of the claims for service connection for right and left shoulder disabilities. The veteran's cervical spine disorder with traumatic arthritis and discogenic changes is currently rated at 10 percent.

The veteran's left shoulder disability is currently rated at 20 percent, effective October 24, 1963. The appeal for a higher rating has been denied.

The veteran's nonservice-connected disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes.

The veteran's service-connected disabilities (Generalized Anxiety Disorder, Major Depressive Disorder, PTSD, Degenerative Disc Disease of the Cervical Spine, Radiculopathy of the Left Shoulder/Arm, Headaches, Hypertension, and Corneal Abrasion of the Right Eye) meet the criteria for a TDIU due to their combined 80% disability rating.

The Board has ordered the VA to obtain treatment records from a Dallas VAMC for the veteran's back, hip, and shoulder injuries. The case is now remanded for further action.