Shoulder decisions — 2009

The Veteran's left shoulder disability, resulting from a VA surgical procedure in 1996 and post-operative care, did not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of fault on the part of VA.

The Board found that the Veteran's hypertension did not begin during active service or within the first post-service year and is not otherwise etiologically related to active service. The claim for a right shoulder disability was remanded due to insufficient evidence of current symptomatology.

The Board has determined that the January 1994 rating decision denying service connection for a left shoulder disability was clearly and unmistakably erroneous. The Veteran's effective date for service connection of his left shoulder disability is reversed, and he is granted service connection for residuals of a left shoulder injury initially incurred in May 1988. The Board has also deferred the determination on the earlier effective date claim until the RO implements its decision.

The Veteran's claims for service connection for bilateral knee disorder and right shoulder disorder are being remanded due to the need for additional development, including verification of an alleged motor vehicle accident during service.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.

The Veteran's claims for payment or reimbursement of unauthorized private medical expenses incurred on August 8, 2005 and October 16, 2005 at Tahlequah City Hospital are denied because VA services were feasibly available to the Veteran.,The Veteran's claims for payment or reimbursement of unauthorized private medical expenses incurred on August 8, 2005 and October 16, 2005 at Tahlequah City Hospital are denied because VA services were feasibly available to the Veteran.

The Veteran's death was not caused by a service-connected condition, and the Board finds that his service-connected varicose veins did not contribute to his death.

The Veteran's claim for an increased rating and earlier effective date for his service-connected left shoulder disability have been denied.

The Board has remanded the case for additional development due to insufficient medical evidence regarding the etiology of the Veteran's current right shoulder and left ankle disabilities.

The Veteran's claim for an initial disability rating in excess of 10 percent for diarrhea has been granted, with a current effective date of April 17, 2009.

The Board has determined that service connection is warranted for the Veteran's left shoulder disorder, sinusitis, sleep apnea, nephrolithiasis with left back pain, and residuals of hyperextension injury of the right wrist. The appeal regarding these claims is granted.

The Veteran's left shoulder AC separation is manifested by pain and limitation of motion, with abduction to 150 degrees. The disability does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the Veteran's bilateral knee, shoulder, and degenerative arthritis disorders are not related to his active service. The evidence does not show continuity of symptomatology or a nexus between these conditions and his military service.

The Board denied the Veteran's claims for service connection for various disabilities, including a left ankle disability, neck disability, right hip and shoulder disabilities, PTSD, bilateral hand and hip disabilities, and low back disability. The decision also addressed other issues related to the Veteran's service-connected left knee disability.

The Board has granted service connection for a low back disability. The Veteran's other claims of entitlement to service connection for various disabilities are addressed in the REMAND portion of this decision.

The Veteran's appeals for service connection for various conditions have been denied. The hiatus hernia claim was withdrawn, and the below-the-knee amputation claim is denied due to lack of a nexus between the service-connected cold injury residuals and the amputation. Service connection for traumatic arthritis of the cervical and thoracic spine and both shoulders remains pending as the original denial in 1969 did not include these conditions.

The Veteran's appeal is being remanded for additional development, including VA examinations and the obtaining of medical records.

The Veteran's service-connected disabilities, primarily orthopedic in nature, render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for an increased evaluation for Reiter's syndrome and service connection for a left shoulder disorder are being remanded due to inadequate reasons and bases in the previous Board decisions. The Veteran was not provided adequate notice of VA examinations, which may have affected his ability to report for these exams. Further development is required including scheduling the Veteran for appropriate VA examinations.

The Board found no evidence of a current underlying disorder associated with the Veteran's complaints, and thus denied service connection for all claimed conditions.