Shoulder decisions — 2009

The Veteran does not have a current right knee, left knee, cervical spine, shoulder, or low back disability that is shown to be related to active service. The Board finds clear and unmistakable evidence of the preexistence of these conditions prior to service.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and provide updated opinions from VA examiners.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and a VA examination to assess the current severity of his bilateral shoulder bursitis.

The Veteran's claim for service connection for a right knee condition was denied. The RO found that new and material evidence had not been received to reopen the claim. His postoperative acromioplasty of the right (dominant) shoulder is currently rated at 40 percent, with limitations on his activities of daily living due to pain, stiffness, weakness, and guarding.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left arm/shoulder disability. The Veteran's cervical spine disability is found to be more severe than reflected by the current 10 percent rating, and a higher initial rating is granted.

The Board found that the Veteran's unsatisfactory conduct and cooperation in developing a rehabilitation plan, coupled with lack of mitigating circumstances, justified discontinuing his vocational rehabilitation benefits under Chapter 31.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the severity of her service-connected thoracolumbar back disorder, right hip strain, and left shoulder strain.

The Board has determined that there is no evidence to support the appellant's claims of service connection for a left shoulder and left knee disability. The preponderance of the evidence does not show that these disabilities are related to her military service.

The Board has determined that the Veteran's claimed conditions, including insomnia, skin disability, acquired psychiatric disability, low back disability, right leg disability, and right shoulder disability, were not incurred or aggravated by active military service. The claim for hypertension was also denied as it was not incurred in service.

The Veteran's sebaceous cysts and hypertension are rated at the minimum levels, while his tinnitus is granted service connection. The right shoulder disorder was also found to be incurred in active service.

The Board has determined that the Veteran's claims for service connection for right knee disability, malignant melanoma on the right upper chest and shoulder, headaches, a right index finger cyst/histiocytoma, and an impaired immune system were denied as there is no competent evidence linking these conditions to his active service or any exposure to ionizing radiation.

The Board has determined that the Veteran does not have current disabilities for which service connection can be granted, including left ear hearing loss, right shoulder impingement syndrome, sinusitis, and a disability manifested by shortness of breath. The evidence fails to establish a nexus between these conditions and her active military service.

The Board has remanded the Veteran's claims due to the need for additional development, including a new VA examination.

The Board has determined that the Veteran does not have sciatica, and his right and left shoulder disorders are diagnosed as AC joint arthritis which had onset during service. The Board denied all other claims for service connection.

The appellant's claims for increased disability ratings are being remanded to the RO for scheduling a Travel Board hearing.

The Veteran's internal derangement of the left shoulder is rated at 20 percent effective August 10, 2009. The Veteran's chondromalacia of the left knee has not been shown to warrant a compensable evaluation prior to June 17, 2008.

The Veteran's claims for service connection for hypertension and right shoulder tendonitis were denied as there is no competent evidence linking these conditions to his military service.

The Veteran withdrew his claims for an initial rating in excess of 20 percent for a lumbar spine disability and an initial rating in excess of 10 percent for bursitis of the left shoulder before the Board could make a decision.

The Veteran's service-connected gunshot wound involving muscle groups III and IV may have contributed to his death, but this needs further clarification from a VA medical examiner.

The Board has determined that the appellant's right shoulder impingement syndrome is attributable to service and grants service connection for this disability.