Shoulder decisions — 2009

The Board found that the Veteran's residuals of a left shoulder injury were not incurred in or aggravated by service and may not be presumed to have been incurred in service. The claim for service connection was denied.

The Board found that the appellant's service-connected disabilities do not result in his inability to care for any of his daily personal needs without regular personal assistance from others, nor do they result in an inability to protect himself from the hazards and dangers of his daily environment. Therefore, he is not entitled to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has decided that additional development is needed before the claims for reopening a claim for service connection for left shoulder peritendinitis and for service connection for a left shoulder disability, to include as secondary to service-connected left pectoralis scar can be adjudicated.

The Veteran's claims for service connection for arthritis of the back, neck and shoulder, including as secondary to service-connected right forearm disabilities, and left eye iritis were denied. The Board finds that there is not sufficient evidence to establish a nexus between these conditions and active military service.

The Board has determined that additional examinations and records are needed to properly adjudicate the appellant's claims for service connection.

The Veteran's right shoulder, thoracic spine, and cervical spine disorders are currently rated at the maximum allowed under VA regulations. The Board finds that a higher rating is not warranted for any of these conditions.

The Veteran's service-connected trapezius spasm, right shoulder, disability is currently manifested by spasm, pain, some loss of strength and endurance; motion (with consideration given to functional loss due to pain, weakness, fatigue, and incoordination) is not limited shoulder level or lower. The disability does not more nearly approximate moderately severe muscle disability.

The Veteran's claim for an increased rating for her service-connected reflex sympathetic dystrophy of the left shoulder is being remanded due to incomplete development and additional evidence needed.

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

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and conduct further development.

The Veteran's right shoulder disability has been rated at 40 percent since May 4, 2007. The condition is characterized by pain throughout the range of motion without evidence of ankylosis or other severe functional impairment.

The Veteran seeks service connection for joint disabilities, including as secondary to his service-connected heart condition. The Board finds that a new VA examination is necessary to determine the nature and etiology of any current knee, shoulder, hip, and/or back disability.

The Board has remanded the Veteran's claims for further development due to the absence of medical evidence regarding fibrous union of his right arm during the rating periods in question.

The veteran's PTSD has been restored to a 70 percent evaluation, effective May 1, 2007. The Board also found that the veteran is entitled to TDIU due to his service-connected disabilities.

The Board found that the evidence did not support a rating in excess of 20 percent for the appellant's left shoulder disability, but granted an increased evaluation to 30 percent.

The Board found that the Veteran's arthritis of the hands, shoulders, knees, and feet did not have its onset during service or within one year thereafter. The VA examination reports concluded that any current arthritis was not caused by military service.

The Veteran's claims for higher initial ratings and reopening of service connection claims were denied. The Board found that the evidence did not meet the criteria for a rating above the assigned levels or reopen any of the previously denied claims.

The Veteran's claims for increased ratings for service-connected right shoulder disability and dermatitis are being remanded due to the need for additional medical examination.

The Veteran's conditions, while disabling, do not meet the criteria for special monthly pension based on housebound status as he does not have a single permanent disability rated at 100% or more and is not permanently confined to his home.

The Board has denied the Veteran's claims for service connection for various disabilities, including eye condition, right shoulder disability, kidney disorder, left knee disability, right ankle disability, and left ankle disability. The issues were previously adjudicated as final due to lack of new and material evidence.