Shoulder decisions — 2007

The veteran seeks service connection for pain in his left shoulder, arm, and hand that is secondary to a service-connected fracture of C-4 and C-5. The Board has determined that further examination is needed to determine the nature and etiology of these symptoms.

The veteran's claims for residuals of a neck injury and residuals of a left shoulder injury were denied as not timely appealed. The new evidence does not refute the prior determination that these injuries pre-existed service.,Service connection was denied for sinusitis, headaches, and peripheral vascular disease due to lack of objective indications of chronic disability.

The Board found that the veteran's arthritis of multiple joints, to include his knees, hands, elbows and left shoulder, was not incurred in or aggravated by military service. The right shoulder rotator cuff tear is also not related to military service.

The VA denied the veteran's claims for increased ratings for his left knee and right shoulder disabilities, finding that they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has denied the veteran's claims for service connection for residuals of injuries to his neck, left shoulder, and knees. The appeals are based on direct service connection.

The veteran's appeal is being remanded due to the need for proper VCAA notice and further development of his claims.

The Board denied the veteran's claims for increased rating for PTSD and service connection for low back disorder and bilateral shoulder disorders due to lack of medical evidence linking current disabilities to his military service.

The veteran's service-connected skin disability requires the use of prescribed medications that cause irreparable damage to outer garments, warranting an annual clothing allowance for 2005.

The Board found that the veteran's income as a county commissioner exceeded the poverty threshold and thus constituted substantially gainful employment, leading to termination of his TDIU rating.

The Board has determined that the veteran does not have arthritis of the low back or shoulders that is related to his military service and therefore denied both claims.

The Board has determined that the veteran's current back, neck, and shoulder conditions are not related to his service. The evidence does not support a finding of service connection.

The Board denied the veteran's claims for service connection for actinic keratosis, right shoulder condition, and bilateral wrist condition. The decision also addressed whether new and material evidence had been submitted to reopen these claims.

The veteran's appeal of the issue regarding service connection for peripheral neuropathy due to nerve impingement, bilateral upper extremities has been withdrawn. The other issues remain under consideration.

The Board denied the veteran's claims for service connection for bilateral hearing loss and an increased evaluation for his left shoulder disability. The Board found that there was no evidence of a permanent increase in hearing acuity during service, and thus the presumption of aggravation did not apply. For the left shoulder disability, the VA examiner opined that the pre-existing condition likely worsened due to noise exposure during service.

The Board has reopened the veteran's claims for service connection for PTSD and a right shoulder disability, but further development is needed before these claims can be adjudicated on their merits.

The Board has determined that the evidence received since the June 1999 decision does not provide a new and material basis to reopen the claim for service connection for residuals of a left shoulder injury. The veteran's current shoulder conditions are not linked to his in-service injury.

The Board has determined that the veteran does not currently have bilateral shin splints or a right shoulder disability, and thus service connection for these conditions is denied.

The VA is instructed to attempt to locate the appellant's service medical records and provide him with an authorization form for release of his National Guard records. If these efforts are unsuccessful, they should conduct a direct search with Fort Knox Army Hospital for any record of the appellant's treatment between August 1984 to December 1984.

The Board has determined that the veteran does not have a current left hip disability and his right shoulder disability is not related to his service-connected left knee disability.,The veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment.

The Board has denied the veteran's claims for service connection for a chronic left shoulder disability, a chronic left leg disorder, and an increased rating for hypertension. The evidence does not support granting any of these claims.