Shoulder decisions — 2009

The Board has granted the Veteran's request to reopen his previously denied claims for service connection for depression and a left shoulder injury. The remaining issues of service connection for other conditions are addressed in the REMAND portion.

The Veteran's initial claim for a higher rating for his left shoulder disability was granted, with the effective date being October 5, 2006. The Veteran is currently rated at 10 percent for residuals of a fracture of the left clavicle/left shoulder condition with transient brachial plexopathy beginning October 5, 2006. A separate compensable rating for neurological impairment associated with his shoulder disability was not granted.

The Veteran's claims for increased disability rating, service connection, and special monthly compensation are being remanded due to the need for further development.

The Board has determined that the Veteran does not meet the criteria for service connection for hypertension, as secondary to kidney stones. The claims of service connection for left elbow and shoulder disabilities have also been denied due to lack of evidence linking these conditions to service or a service-connected disability.

The Veteran's right posterior shoulder injury is currently rated as 20 percent disabling, and the Board has determined that a higher rating is not warranted.,The Veteran's deltoid muscle injury is currently rated as 20 percent disabling, and the Board has determined that a higher rating is not warranted.,The Veteran's trapezius muscles injury is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted.,The Veteran's left chest injuries are currently rated as noncompensable, but the Board has granted separate compensable ratings for each scar.

The Veteran's right shoulder disorder and spondylitic changes of the lumbosacral spine have been granted higher initial ratings.

The VA determined that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and records.

The Veteran's service connection claims for left shoulder pain, degenerative joint disease of the bilateral hips, and left knee pain have been granted. The claim for residuals of right ankle sprains, bilateral hearing loss, and tinnitus is dismissed due to withdrawal by the Veteran.

The Veteran's service-connected disabilities are not of such severity as to render him unable to obtain or maintain substantially gainful employment at any time during the period relevant to this appeal.

The Board denied service connection for bilateral hip disability and degenerative joint disease of the shoulders, finding that these conditions were not incurred or aggravated by service. The claim to reopen a previously denied claim for lumbar disc disease was also denied.

The Veteran's appeal for increased evaluations for the residuals of a left inguinal hernia, right shoulder disability, and migraine headaches has been granted. The initial evaluation for the residuals of a left inguinal hernia is set at 10 percent. An evaluation in excess of 10 percent for the right shoulder disability is not warranted. A rating of 50 percent for migraine headaches is granted.

The Veteran's appeal is remanded due to the need for a new VA examination of his shoulder disabilities and additional treatment records.

The Veteran's appeal was denied for an increased rating for left shoulder strain, service connection for atrophic right kidney, thoracic spine disorder, hypertension, bilateral salpingo-oophorectomy, residuals of tubal ligation, and residuals of both bunionectomies. The decision also noted that the Veteran withdrew her appeal regarding the increased rating for left shoulder strain.

The Board has determined that the Veteran's claim for service connection for a right arm and shoulder disability, claimed as secondary to his left shoulder disability, cannot be reopened due to lack of new and material evidence. The claims for bilateral sensorineural hearing loss, tinnitus, peripheral neuropathy of the BUE, psychiatric disability, vision loss, hypertension, sexual dysfunction, and bilateral feet problems are all denied.

The Board has denied the Veteran's claims for service connection for right and left shoulder conditions, finding that there is no competent evidence linking these disabilities to his active service.

The Board found no evidence of a chronic right shoulder disability in service or within one year after separation, and the Veteran's current arthritis is not shown to be associated with his active duty. The claim for service connection was denied.

The Veteran's claims for increased ratings and TDIU were denied. The right shoulder disability was rated as 10 percent prior to December 16, 2008, and 20 percent from that date onwards. The Board found the evidence did not support a higher rating or entitlement to TDIU.

The Veteran's claims for increased ratings for residuals of a gunshot wound to the left base of the neck and a left shoulder disability, secondary to a gunshot wound to the left base of the neck, were denied. The Veteran's muscle disability is rated at 20 percent under Diagnostic Code 5301, while his shoulder disability is rated as 20 percent under Diagnostic Code 5201.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for residuals of head trauma. However, the claims were denied as there is no medical evidence showing a current disability related to her service.