Shoulder decisions — 2008

The veteran's degenerative joint disease of the left shoulder is presumed to have been incurred in service due to symptoms manifesting within one year of his separation from active duty.

The Board has determined that the veteran's tendonitis of the right shoulder was not incurred in or aggravated by active service and therefore denied his claim for service connection.

The veteran was found to be unemployable due to his service-connected disabilities prior to September 21, 2006. The medical evidence supports the finding that he could not secure or follow a substantially gainful occupation.

The RO denied the veteran's petitions to reopen his claims for service connection for a prostate condition, hemorrhoids, and right shoulder injury due to lack of new and material evidence.

The Board has determined that there is insufficient corroborative evidence to support the veteran's claim of PTSD, and her depression is found to be related to a service-connected condition (migraine headaches). The right shoulder disability is not considered service connected.

The Board has determined that the veteran's degenerative joint disease of the right and left shoulders, including acromioclavicular and glenohumeral joints, is presumed to have been incurred in service due to its onset within one year of his separation from active duty.

The veteran's appeal is being remanded for a VA examination to assess his employability due to service-connected disabilities, and for the adjudication of four secondary service connection claims.

The veteran's claims for increased evaluations and service connection were denied. The hearing loss is rated as noncompensable, hypertension as 10 percent disabling, lumbar strain also at 10 percent, and the other conditions are not found to be related to active service.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the veteran's current right shoulder disability is related to his in-service injury. The Board finds that a grant of service connection for degenerative joint disease of the right shoulder is warranted, resolving doubt in favor of the veteran.

The Board found no evidence of a chronic left shoulder or cervical spine disability in service, and the veteran's current disabilities are not related to his military service. Therefore, service connection for these conditions is denied.

The Board granted a 30 percent rating for the veteran's service-connected right shoulder impingement beginning April 1, 2006. The case was remanded to determine if an extraschedular rating was warranted prior to November 29, 2005.

The veteran's claims for service connection are being remanded due to the need to obtain additional records, including morning reports and SSA records. The case will be readjudicated after these records are obtained.

The Board has denied the veteran's claims for service connection for cervical spine condition and bilateral shoulder condition, finding that there is no medical evidence linking these conditions to his military service.

The veteran's claims for increased ratings and service connection were denied. The claim for service connection of low back disability, to include on a secondary basis, was not reopened due to lack of new and material evidence.

The Board denied the veteran's claims for service connection for bilateral hand pain and a left shoulder condition, finding that there was no additional disability of the hands or shoulder to warrant separate compensation. The claim for increased rating for recurrent skin lesions is referred back to the RO.

The veteran's TDIU claim is being remanded for clarification of the examiner's opinion regarding whether his service-connected disabilities alone are sufficient to preclude him from obtaining or maintaining employment.

The Board has determined that new and material evidence was not received to reopen the veteran's claims for service connection of right shoulder and right leg disabilities. The claims remain denied.

The VA has determined that the veteran's left shoulder disability, which causes recurrent dislocation, warrants a rating of 20 percent and not higher. The evidence does not show any additional impairment warranting an increase in evaluation.

The Board has granted the veteran's request to reopen her claim for service connection for residuals of a fracture of the left clavicle, claimed as a shoulder disability. The right and left knee disabilities remain rated at 10 percent.

The Board has remanded the case for further development, including an examination to determine how the veteran's service-connected disabilities impact his ability to secure and follow a substantially gainful occupation.