Shoulder decisions — 2008

The Board has determined that the veteran sustained injuries to his right shoulder during combat conditions in service, and thus grants service connection for residuals of a right shoulder injury. Service connection is also granted for bilateral hearing loss as it is presumed related to service due to exposure to loud noise from military service.

The veteran's claims for service connection for various conditions have been denied. The Board has remanded the cases to the RO for further development.

The Board denied service connection for a left shoulder disability, low back disability, and GERD. The veteran's claims were not supported by competent evidence showing these conditions are related to his military service.

The Board has determined that the veteran's claims for service connection and increased rating have been denied. The veteran's PTSD claim is granted to a certain extent, but not at the maximum possible evaluation.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Chenango Memorial Hospital in August 2005 was denied as the treatment did not meet the criteria for emergency care and no VA facility was feasibly available.

The veteran's service-connected conditions, including amputation of the left arm and arthritis in multiple joints, necessitate his need for regular aid and attendance from another person. The Board has granted special monthly compensation based on this need.

The veteran's appeal is being remanded for further examination and to obtain additional medical records. The issues of increased ratings for left shoulder bursitis and left femur disability are pending.

The veteran's service-connected bilateral pes planus with hallux valgus, hammertoes, and callosities is rated at 30 percent. The arthritis of the right shoulder and acromioclavicular joints has been rated at 20 percent since August 24, 1999. The arthritis of the left shoulder and acromioclavicular joints was increased to 20 percent as of January 5, 2007.

The Board has granted a disability rating of 40 percent for the veteran's left shoulder disability, effective October 12, 2006.

The veteran's claims for service connection for degenerative joint disease of the shoulders, lumbar spine, knees, and ankles were denied as these conditions are not shown to be related to his military service. The effective dates for the grants of service connection for PTSD, hearing loss of the right ear, tinnitus, diabetes mellitus, and peripheral neuropathy of all four extremities have also been denied.

The Board has reopened the veteran's claim for service connection for a right shoulder and right arm disability due to new evidence showing that his current condition is related to his service-connected malignant melanoma. Service connection is granted.

The Board has granted a higher initial 30 percent disability rating for the veteran's asthma, but denied service connection for her bilateral shoulder disability. The claim for an increased rating for asthma is granted.

The Board has determined that a VA examination is needed to determine the etiology of any current right shoulder disorder found on examination, and whether it is related to the veteran's periods of active service.

The Board denied the veteran's claims for increased ratings for his service-connected right shoulder strain, right ankle strain, and left knee disability. The low back disorder claim was not reopened due to lack of new and material evidence. Bilateral hearing loss and skin disorders were also denied.

The Board has determined that the veteran's current left shoulder and left knee disabilities are not related to service, and thus denied his claims for service connection.

The veteran is granted special monthly pension by reason of need for regular aid and attendance due to his multiple service-connected disabilities.

The Board has remanded the case for additional development, including a medical examination to determine the nature and severity of all right shoulder complaints. The veteran's in-service injury is corroborated, but there is no evidence of treatment upon discharge from service or post-service work without treatment for the injury.

The veteran's appeal is being remanded due to the need for a more contemporaneous VA examination and proper VCAA notice.

The VA determined that the veteran's right shoulder disability, rated at 20 percent disabling under DC 5202, does not meet or approximate criteria for a higher evaluation based on additional limitation of motion due to pain and other functional loss. The highest rating available is 20 percent.

The Board found that the veteran's claimed conditions were not caused or aggravated by service, and denied all claims for service connection.