Shoulder decisions — 2009

The Veteran withdrew his appeal of the denial of entitlement to service connection for a lung disability due to asbestos exposure at his August 2008 RO hearing.

The Board denied the Veteran's claims for service connection for various disabilities, including diabetes mellitus type II and its associated secondary conditions, due to a lack of evidence showing such conditions were incurred in or aggravated by his military service.

The Board has determined that the Veteran's left shoulder and back disabilities are service-connected, as they were incurred during his active duty. The TBI claim is also granted, with conflicting medical evidence regarding current residuals.

The Veteran's claims are being remanded for additional development, including obtaining service records and scheduling a VA examination to determine the relationship between his sleep apnea and any service-connected conditions.

The Board has granted service connection for left elbow bursitis and a left wrist cyst, but denied service connection for a left shoulder disability. The Veteran's current diagnoses of left elbow bursitis and left wrist cyst are considered to be at least as likely as not related to his active duty service.

The Board denied the Veteran's claim of service connection for residuals of right shoulder decompression and Mumford resection, finding that new and material evidence had not been presented to reopen the claim.

The Board has remanded the case for further development due to inadequate reasons and bases in the September 2006 decision, including failure to address the significance of differing diagnoses and lay statements supporting an etiological relationship between the Veteran's right shoulder disorder and his service.

The Board has determined that a remand is necessary to address the Veteran's claims for service connection and new and material evidence. Specifically, he needs to be provided proper notice regarding his back condition claim, including the bases for the prior denial and what evidence would be needed to substantiate it. Additionally, he requires a VA examination to determine the nature and etiology of his left shoulder condition.

The Board has granted service connection for the Veteran's right shoulder disability, but did not assign a specific rating or effective date as it was remanded.

The Veteran's cervical spine, right shoulder, and right knee disabilities are being remanded for further development to determine the nature of his service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and clarifying his receipt of Social Security Administration (SSA) disability benefits.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is denied as he does not meet the criteria for either benefit.

The Veteran's claim for service connection for a left shoulder disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's claim for an increased rating for his right shoulder condition is being remanded due to the need for a new VA examination and additional development of medical records.

The Board denied the Veteran's claim for reopening his prior claim of hypertension and also denied his request for an increased rating for his left shoulder disability.

The Veteran's claims for service connection for cervical spine and right shoulder disabilities are being remanded due to the need for further development, including an EMG of the right upper extremity.

The Veteran's claims for increased evaluations for his low back, left shoulder, and left knee injuries were denied as the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has denied the appellant's claim for a disability evaluation in excess of 30 percent for his service-connected left shoulder degenerative joint disease. The Court has directed that the issue be remanded to consider whether a total disability rating based on individual unemployability due to the service-connected condition is warranted.

The Veteran's right shoulder condition is rated at 40 percent disabling, the highest available rating under Diagnostic Code 5301 for muscle injuries. The appeal was granted.

The Veteran's left shoulder disability, tinnitus, hypothyroidism, and prostate condition were not incurred in or aggravated by service. The Board found that the preponderance of evidence is against these claims.