Shoulder decisions — 2009

The Veteran's left shoulder disability, which is service-connected and not related to any exposure basis or presumption, has been rated at 20 percent. The Board found that the current rating of 20 percent does not adequately reflect the severity of his condition, specifically noting moderate impairment in motion and weakness. Therefore, a higher 40 percent rating was granted.

The Board found that the Veteran's current left shoulder disability, diagnosed as osteoarthritis, is not attributable to service.

The Board denied the Veteran's claims of entitlement to service connection for left shoulder, neck and chest disabilities due to lack of new and material evidence.

The Board found that the Veteran's service treatment records did not show any spinal complaints, symptoms, findings or diagnoses at separation. The post-service medical records do not support a finding of service connection for a spinal disability of the back and neck.

The Board finds that the Veteran sustained an additional right shoulder disability as a result of an incident in March 1994, where she was attacked by another patient and her right shoulder was injured. The condition is not service-connected but is considered to be directly related to the injury.

The Board has determined that new and material evidence to reopen the Veteran's claim of service connection for a right shoulder disorder has been presented. The case is now REMANDED for further development, including an examination to determine the etiology of any currently present right shoulder disability.

The Veteran's appeal for an increased rating for his right shoulder disability and service connection for a secondary condition related to his right arm radiculopathy with hand weakness have both been denied by the RO.

The Board denied the Veteran's claims for service connection for a left shoulder disability and diabetes mellitus, finding no current disability for either condition.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and considering an extraschedular evaluation for his service-connected left shoulder adhesive capsulitis. The TDIU claim will also be considered in light of the new evidence.

The Board has determined that the Veteran's appeal on all issues except for entitlement to a compensable rating for perianal warts is withdrawn. The claim of an initial disability rating in excess of 30 percent for service-connected major depressive disorder secondary to perianal warts remains denied.

The Board denied the Veteran's claims for service connection for sleep apnea, low back disability, and bilateral shoulder disability. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Veteran's appeal is denied as the claims for service connection and increased rating have not been substantiated by new and material evidence, and the effective date of TDIU remains at December 17, 1998.

The Board has determined that new and material evidence was not received to reopen the Veteran's previously denied claims for service connection for residuals of a right wrist injury and residuals of a left shoulder injury. The claim for PTSD remains pending.

The Veteran seeks service connection for a left shoulder disorder that he contends is secondary to his service-connected right shoulder disability. The Board has ordered remand due to inadequate examination and need for updated medical records.

The Board is remanding the case for additional development, including obtaining STRs and a medical opinion regarding whether cold injury residuals from service contributed to the Veteran's death.

The Board is remanding the case to the Department of Veterans Affairs Regional Office for further review due to deficiencies in VCAA notice and incomplete search for Selfridge Air Force Base treatment records.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence on file, and further development is required including obtaining VA medical records and scheduling a VA examination.

The Board denied service connection for the claimed respiratory disorder, prostate cancer with bladder polyps, traumatic arthritis of the right shoulder, nephrosclerosis, gout, and aortic valve replacement due to lack of evidence of in-service asbestos exposure or other relevant exposures.

The Veteran's service-connected right shoulder disability is rated at 20 percent effective June 26, 2000. The issue of service connection for a cervical spine disability remains pending and the Veteran's increased rating claim for his right shoulder disability is granted.

The Veteran's service-connected cervical spine degenerative changes are currently rated at 10 percent, but the evidence shows that his symptoms have worsened and he now has a more severe disability. The Board finds an increased rating of 20 percent is warranted.