Shoulder decisions — 2008

The Board has determined that the submitted evidence is not new and material for any of the service connection claims, thus denying their reopening.

The veteran's appeal is being remanded for additional examination and development of his claims, including a new VA orthopedic examination to assess the severity of his shoulder disability and whether it causes or aggravates his back disorder.

The veteran's claims for increased rating for right shoulder disability, service connection for asthma, and reopening of previously denied claims were all denied. The Board found that the evidence did not support a higher rating for the right shoulder disability or service connection for asthma. The claim to reopen previously denied claims was also denied.

The Board found no evidence to support the veteran's claims of service connection for cervical spine, left shoulder, left arm, and left hand disabilities. The claim for hepatitis C was not addressed as it is unclear if it was related to service.

The Board denied service connection for a left shoulder disorder, right knee disorder, and left knee disorder due to lack of evidence linking the current diagnoses to service.

The Board denied the veteran's claims for service connection for various conditions, including cervical spine strain with degenerative disc disease, thoracolumbosacral spine strain with degenerative changes, tension headaches, right upper and left upper extremity carpal tunnel syndromes, an acquired psychiatric disorder (including depression, dysthymia, and bipolar disorder), right shoulder disability, left shoulder disability, right knee disability, and right hip disability. The Board found that the veteran's pre-existing right knee disability was not aggravated by service.

The Board has determined that additional development is needed to fully consider the veteran's claims for service connection for left shoulder and bilateral knee disorders, including consideration of new evidence.

The Board has remanded the claims for service connection for the cause of the veteran's death and for DEA under the provisions of 38 U.S.C.A. Chapter 35 due to new evidence requiring further development, including obtaining a VA opinion on whether the veteran's service-connected disabilities caused or contributed to his suicide.

The Board found that the veteran's cervical and low back disorders are likely due to injuries sustained in a motor vehicle accident during service, granting service connection for these conditions.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for left knee disorder and shoulders arthritis. The veteran's complaints of knee pain during service were noted but no chronic condition was found upon separation examination.

The Board denied the veteran's claims of service connection for bilateral knee disability, vaginitis, and right shoulder disability due to a lack of competent medical evidence linking these conditions to her military service.

The Board denied the veteran's claims of entitlement to service connection for various conditions, including a right shoulder disorder and cervical spine disorders. The appeals were based on secondary service connection due to pre-existing conditions.

The Board denied the veteran's claims for service connection and an increased rating, finding that there was no evidence to support a nexus between his current shoulder condition and service. The back disability claim also failed as the evidence did not meet the criteria for a higher rating.

The veteran's claim for an earlier effective date of January 5, 2004 for a 50 percent evaluation for dysthymia and TDIU benefits is granted.

The veteran's case is being remanded for further evaluation of his service-connected right shoulder disorder, including an orthopedic examination to assess the current severity of his condition.

The Board has determined that the veteran's left shoulder disability, including postoperative repair of recurrent dislocation and neuropathy of the axillary circumflex nerve, warrants a separate 10 percent rating for the neuropathy. The claim for an increased rating for the postoperative repair of recurrent dislocation is denied.

The Board denied the veteran's claims for service connection for various conditions, finding no current evidence of these disabilities and concluding that they were not related to his military service.

The Board has remanded the case for further development and clarification of certain claims, including verifying an in-service injury and determining who was attempting to steal the ammunition truck.

The Board has granted a rating of 40 percent for the veteran's service-connected dorsolumbar paravertebral myositis with bilateral S1 radiculopathy, and denied claims for cervical spine disorder and shoulder disorder.

The Board has granted service connection for left shoulder pain and median nerve compression of the right upper extremity as secondary to service-connected low back pain, with a rating of 30 percent.