Shoulder decisions — 2008

The veteran's service-connected bilateral hearing loss does not meet the criteria for a compensable rating, and he is entitled to a 100 percent disability rating for PTSD throughout the initial rating period. Additionally, his left shoulder disability originated during active duty.

The veteran's claims for service connection and the reopening of a previously denied claim were remanded for further development.

The Board denied the veteran's claims for service connection for otitis externa, sinusitis, type 2 diabetes mellitus, hypertension, and right shoulder tendonitis as there was no evidence of these conditions during service or within a year of separation, and no competent medical evidence linking them to his military service.

The claim for service connection for bicipital tendonitis, left shoulder, and history of fracture, status post rotator cuff repair with arthritic and muscular ligamentous residuals was reopened but ultimately denied. The claims for service connection for residuals, damage to teeth and jaw, and scar, back of head were denied.

The Board found that the veteran did not meet the definition of a fugitive felon and thus, the termination of his compensation payments was not proper. The Board also denied service connection for a right shoulder injury as there was no evidence to support a direct link between the claimed condition and active duty.

The veteran's claims for service connection for a bilateral knee disability, a bilateral shoulder disability, and PTSD were denied as there was no evidence of a current disability related to his military service.

The appeal was remanded to the RO for further development and readjudication of the veteran's claims.

The Board finds that there is an approximate balance of positive and negative evidence as to whether the veteran's left shoulder impingement syndrome with osteoarthritis is related to service. Resolving doubt in the veteran's favor, service connection for left shoulder impingement syndrome with severe osteoarthritis is granted.

The Board has determined that the preponderance of the evidence is against a finding that the veteran's current left shoulder disability was incurred in or aggravated by service, and degenerative arthritis of the left shoulder may not be presumed to have been incurred in or aggravated by service.

The veteran withdrew his appeal for all issues, and the Board does not have jurisdiction to decide these benefits.

The Board remands the veteran's claims for service connection for various disabilities, including those claimed as due to herbicide exposure and secondary to radiation treatment for a service-connected condition.

The veteran's service-connected residuals, gunshot wound, left shoulder, with hyperesthesia of the left forearm and thumb are productive of moderately severe disability, warranting a 20 percent rating.

The appeal was dismissed due to the death of the veteran.

The Board granted service connection for a skin rash, denied service connection for a right shoulder disability and direct or secondary service connection for a left knee disability, and remanded the initial rating claim for further development.

The appeal is remanded for additional development to address the merits of the veteran's claim for service connection for a right shoulder disability with numbness of the right fingers, to include as secondary to a service-connected left shoulder impingement syndrome.

The veteran's claims for service connection for bilateral hip, low back, cervical spine, bilateral hand, and shoulder disabilities are being remanded for a VA examination to determine if these conditions are related to cold exposure during his active duty service.

The Board reopened the claim for service connection for bilateral tarsal tunnel syndrome based on new and material evidence, but dismissed appeals for service connection for a neck disorder, left shoulder pain, and hearing loss.

The Board denied service connection for a left elbow disability, left knee disorder, left shoulder disorder, and pulmonary disorder (claimed as emphysema) due to in-service asbestos exposure.

The veteran's left knee and right knee conditions do not warrant a compensable rating, while his eczema warrants a 10 percent evaluation from October 31, 2007.

The Board denied the veteran's claims for service connection for cervical degenerative disc disease, lumbar degenerative disc disease, bilateral shoulder disorders, bilateral arm disorders, and headaches as there was no evidence to support a link between these conditions and his active military service.