Shoulder decisions — 2008

The Board has determined that the veteran's back, neck, bilateral shoulder, and bilateral leg disabilities are attributable to his period of active service. Service connection is granted for these conditions.

The Board found that the veteran's claimed low back, right ankle, left knee, and left shoulder disorders were not incurred or aggravated by service. The arthritis of the lumbar spine and left shoulder was also not shown to be incurred in service.

The Board has reopened the veteran's claim for service connection for a right shoulder disability and granted service connection for dental trauma of teeth numbered 8 and 9. The case is remanded to obtain VA treatment records from Montgomery, Tuskegee, and Birmingham.

The Board has determined that the veteran's current left shoulder disability is related to his in-service injury, and therefore service connection for residuals of a left shoulder injury is granted.

The Board has granted a 10 percent evaluation for the veteran's rotator cuff tear of the right shoulder from October 21, 2003 to March 6, 2005. The issues of entitlement to an initial compensable evaluation for hyperthyroidism and entitlement to an initial evaluation in excess of 10 percent for status post blunt trauma of the distal phalanx of the right middle finger are remanded.

The Board has denied the veteran's claim for service connection for arthritis of the left shoulder and neck, finding no medical evidence to support a link between his current condition and his military service.

The Board found no current disability involving the veteran's neck and denied his claim for service connection. The right shoulder issue is remanded due to lack of post-service medical records.

The Board granted a disability rating of 20 percent for the veteran's left shoulder disability effective August 11, 2005.

The Board denied service connection for a bilateral arm disorder and the veteran's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for an upper back disorder with left arm and shoulder symptoms, finding that there was no evidence linking these conditions to service.

The Board granted increased ratings of 20 percent for the veteran's low back strain and left shoulder strain disabilities, finding that these conditions more nearly approximated the criteria for a 20 percent rating under DC 5201.

The Board has granted service connection for degenerative disc disease of the lumbar spine and found that the veteran's left shoulder disability is currently evaluated as 20 percent disabling. The claim for an initial evaluation in excess of 20 percent for residuals of a shell fragment wound to the left shoulder remains denied.

The veteran's tinnitus is rated at the maximum allowed, and he meets the criteria for TDIU due to his service-connected disabilities preventing him from securing or following any substantially gainful occupation.

The Board finds that the veteran's claim for an earlier effective date for TDIU benefits cannot be granted as his informal claim was considered abandoned due to failure to provide requested evidence within one year of request. The benefit-of-the-doubt rule is not applicable.

The Board has decided to remand the case for further action, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board has decided to remand the case for additional medical opinions regarding whether the veteran's shoulder disorders are aggravated by her service-connected cervical spine disability.

The veteran's claims for left shoulder and low back disabilities were denied. The claim for increased rating of residual excision, head of left radius was granted with a disability evaluation of 40%. The claim for PTSD was not granted. The right knee disability claim was also denied.

The Board found no evidence of current chronic headache, bilateral shoulder disorder, or elbow disorders related to service. The veteran's right wrist fracture was service-connected, and his current elbow disorders were determined to be secondary to this condition.

The veteran was granted service connection for PTSD, but denied service connection for bilateral hearing loss and multiple other disabilities due to shell fragment wounds in service. The Board found that the evidence supported a diagnosis of PTSD based on verified combat stressors, but did not find sufficient evidence to support current diagnoses or etiology for the other conditions.

The Board denied the veteran's claims for service connection for right shoulder disability, left shoulder disability, and heart disorder causing chest pain. The claims were not supported by medical evidence linking these conditions to service.

The Board has determined that the veteran's service-connected cervical spine disability has aggravated his left shoulder disability, and thus grants service connection for the left shoulder disability as secondary to the cervical spine condition.