Shoulder decisions — 2008

The veteran's claims for service connection were denied across the board. The Board found that none of the claimed conditions were incurred in or aggravated by service, and no presumption of radiation exposure was applicable.

The Board denied the veteran's claims for service connection for osteoarthritis of the right shoulder and either knee, finding no current disability or evidence of onset during service. The Board also found that there was insufficient continuity of symptomatology to establish a claim based on presumptive service connection.

The Board denied the veteran's claims for service connection for hepatitis C, PTSD, a low back disorder, and a right shoulder disorder. The denial was based on lack of evidence linking these conditions to his military service.

The Board has denied the veteran's claims for service connection for left knee, left shoulder, and low back disorders due to a lack of evidence of current disabilities. The right knee and left ankle disorders are found to be related to post-service trauma.

The Board has granted the veteran's claims for service connection for a rotator cuff tear of the right shoulder, mild degenerative spondylosis with spurring of bodies C2-C5, and allergic rhinitis. The claim for bipolar disorder is pending as it pertains to an appeal from another RO. The TDIU and pension claims are also pending.

The Board has decided to remand the case for further development, including obtaining additional medical records and scheduling an orthopedic examination.

The Board denied the veteran's claims for service connection for a disability manifested by right arm pain, and for increased ratings for lumbosacral strain, left hip bursitis, left patellofemoral syndrome, hyperextension injury residual bursitis of the right shoulder, and tooth extraction residual paresthesia of the left bottom lip. The veteran's service connection claim was denied as there is no evidence of a current chronic disability entity manifested by right arm pain. Increased ratings were also denied for all issues.

The Board denied the veteran's claims for reopening his previously denied service connection claims for arthritis of the leg joints and shoulders. The low back disability and emphysema issues were not addressed in this decision.

The VA determined that the veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and thus denied his claim for TDIU.

The Board found no factually ascertainable evidence supporting TDIU prior to August 28, 2003. The veteran's claim for increased ratings was received on August 28, 2003.

The veteran's service-connected rotator cuff tear of the right shoulder was initially evaluated as 10 percent disabling from February 4, 1999, to August 26, 2002. Beginning on and after August 27, 2002, he is entitled to a 20 percent evaluation for this condition. The residuals of his right elbow injury are currently rated as noncompensable.

The Board grants reopening of the claim for service connection for migraine headaches and remands the reopened claim for additional development.

The Board has denied the veteran's claims for service connection for hypertension, cardiopulmonary disease, major depressive disorder, right shoulder disorder, and otitis media. The evidence does not support a finding that these conditions are related to active military service.

The Board has determined that the veteran's right and left shoulder arthritis is related to repetitive microtraumas sustained during parachute jumps in service, granting service connection for these conditions.

The Board denied the veteran's claim for an increased rating for his left shoulder disability, finding that it did not meet the criteria for a higher than 10 percent rating based on limitation of motion.

The Board has dismissed the veteran's appeal regarding an earlier effective date for his service connection for a recurrent dislocation, residuals of a left shoulder injury as he did not file a timely Substantive Appeal.

The Board denied the veteran's claims for increased ratings and service connection, finding no current diagnoses or evidence of the claimed conditions.

The Board has determined that the veteran does not have a currently diagnosed prostate disability, bilateral shoulder disability, left Achilles tendon disability, or right plantaris muscle disability. Therefore, service connection for these conditions is denied.

The veteran's right shoulder disability was rated at 40% from July 1, 2003 to May 26, 2006 and from August 1, 2006. The left shoulder disorder was rated at 10% from July 1, 2003 to July 6, 2003.,The veteran's cervical strain with arthritis and low back strain were both rated at 20%. There is no rating assigned for the right foot arthralgia.

The veteran's claim for service connection for a chronic left shoulder disability has been reopened. Service connection is granted for vertigo associated with decompression sickness, but the request for an initial evaluation in excess of 30 percent remains denied.