Shoulder decisions — 2009

The reduction of the disability rating for orchiectomy with removal of the right testicle from 30 percent to zero percent was proper. The Veteran's subacromial bursitis of the right shoulder has not met the criteria for a higher initial disability rating.

The Veteran's right shoulder disability, manifested by limitation of motion equivalent to 25 degrees from the side, is now rated at 40 percent disabling.

The Veteran's appeal is being remanded to determine his employment status and whether he has an employment handicap that prevents him from pursuing vocational rehabilitation training.

The Veteran's appeal is being remanded for further development, including obtaining service treatment records and personnel records, and providing the Veteran with an orthopedic examination to determine if his current bilateral hip conditions, left shoulder condition, and low back condition are related to his military service.

The Board has remanded the claims for service connection due to a lack of discussion on whether an examination or opinion is warranted and because the right arm condition is inextricably intertwined with the neck condition.

The Veteran's claims for service connection were denied across multiple conditions, including radiation exposure, hearing loss, obstructive sleep apnea, arthritis, left shoulder pain, hand pain, wrist pain, low back pain, and ankle pain. The Board found no evidence to support these claims.

The Board has remanded the claims for additional action due to insufficient detail in the examination report and the need to determine if service-connected diabetes mellitus aggravated the claimed back disability or arthritis.

The Board has determined that the claim is not ready for final decision and requires additional medical examination to determine if the appellant suffers from an additional disability due to VA treatment, specifically reflex sympathetic dystrophy (RSD).

The Board found that the Veteran's back disability was not incurred in or aggravated during service and denied his claim for service connection.

The Veteran's service-connected scars have been evaluated as non-compensable. The Board found no evidence of deep, unstable, or painful scars that would warrant a compensable rating.

The Veteran's service-connected lumbosacral strain with right lower extremity radicular pain is found to have aggravated his hypertension, and the cervical spine disability and numbness of both hands are found to be related to service. The Veteran's lumbosacral strain with right lower extremity radicular pain is rated at 40%.

The Veteran's claims for increased evaluations of his service-connected left and right shoulder disabilities have been denied. The RO found that the current evaluations adequately reflect the severity of the Veteran's conditions.

For the period from February 2, 1994 to July 9, 1998 and from January 1, 1999 to August 2, 2005, the Veteran's left shoulder disability was rated as 10 percent disabling. Since August 3, 2005, it has been rated as 50 percent disabling.,The Veteran experienced frequent dislocations of his left shoulder and had significant limitation in arm movement.

The Board found no evidence of a current shoulder disability and denied service connection for the Veteran's claimed shoulder disorder. For his mental disorder, the Board determined that there was insufficient evidence to establish a direct link between the condition and service.

The Board has determined that there is no evidence linking current right shoulder and right leg disorders to service, including the Veteran's in-service injuries. The preponderance of the evidence does not support a finding that these conditions are related to his military service.

The Board denied the Veteran's claims for service connection for a seizure disorder, bilateral shoulder disorders, and denied his petition to reopen a claim for service connection for a bilateral leg disorder. The decision also remanded one of the issues regarding bronchial asthma.

The Veteran's service-connected disabilities have been evaluated based on the criteria provided. The Board has determined that the preponderance of the evidence is against the claims for increased ratings, and thus the appeals are denied.

The Veteran's initial compensable ratings for his service-connected right shoulder, lumbosacral spine, right knee, and left knee disabilities have been denied. The VA examiner found no limitation of motion or additional functional loss due to pain, fatigue, weakness, or lack of endurance.

The Veteran's claims for increased disability rating and reopening of a previously denied claim were both denied. The denial on the increased disability rating claim is due to lack of new and material evidence, while the denial on the reopening claim is because there was no evidence relating to Agent Orange exposure.

The Veteran's claim for an initial evaluation in excess of 20 percent for residuals of a left shoulder injury with deformity of the biceps and pectoral muscles was denied. The Veteran's lumbar spine disability claim is pending due to remand.