Shoulder decisions — 2009

The Veteran's appeal of his claims for service connection for a low back disability and right shoulder disability has been dismissed due to the withdrawal of his request for a hearing.

The Veteran's claims for increased evaluations and TDIU were denied as his service-connected conditions do not meet the criteria for higher ratings under applicable rating criteria.

The Veteran's right shoulder disability is being remanded for additional development, including obtaining medical records from Dr. J.P. and any other relevant treatment or evaluation records.

The Board has remanded the case for further development regarding service connection claims due to exposure to ionizing radiation, including an examination of the Veteran's occupational history and potential exposure.

The Veteran's claims for increased evaluations and service connection were denied. The claim for an initial compensable evaluation for gastritis was granted, as well as the reopened claims for service connection for numbness of the right hand (carpal tunnel syndrome) and left hand (carpal tunnel syndrome).

The Veteran's claims for increased ratings and compensable evaluations were denied. The RO found that the Veteran's degenerative changes in the lumbar spine, impingement syndrome of the right shoulder, nephrolithiasis, and Peyronie's disease did not warrant higher ratings based on their current manifestations.

The Board has determined that the Veteran does not have current disabilities of his right shoulder, groin, testes, or left knee. For the lumbar spine condition, while a current disability is present, there is no evidence to support service connection due to lack of in-service incurrence and insufficient medical nexus evidence.

The Veteran's hypertension is service-connected and granted. The claim for a higher rating for PTSD, right shoulder disability, and brachial plexus injury remains pending.

The Veteran's right shoulder disability, characterized by painful and limited motion, has been rated at 10 percent since November 2, 2003. The current rating adequately reflects the severity of his condition.

The Board has denied the Veteran's claims for service connection for a right shoulder disability, arthritis of the bilateral hands, and an acquired psychiatric disorder (major depression). The evidence does not support a finding that these conditions are related to military service.

The Board has determined that the Veteran does not have current hearing loss or tinnitus related to service, and his left shoulder and back disabilities are not shown to be due to military service.

The Board is remanding the case for additional development, including providing a Kent compliant notice letter to inform the Veteran of what evidence would be new and material and necessary to substantiate his service connection claim.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of current heart disorder, right shoulder injury and AC separation, left testicle epididymitis, residuals of fractured nose, or mole on the left arm. Additionally, the initial compensable evaluations for hallux valgus in both feet were also denied.

The Veteran's claims for increased ratings and service connection have been granted, with the right shoulder strain rated at 10 percent effective February 23, 2007.

The Veteran's appeal is being remanded due to the need for additional development of his treatment records from the Manhattan VAMC.

The Board denied service connection for a pinched nerve and an increased rating for the Veteran's left shoulder disability. The Veteran's claim was based on direct evidence rather than any presumption or secondary condition.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or housebound status.

The Veteran is seeking service connection for a facial dermatological disability and residuals of cold injury affecting his lower back, neck, and shoulders. The appeal will be remanded to allow the VA to schedule him for a videoconference hearing and ensure compliance with all VCAA requirements.

The Board has remanded the case for further development and readjudication due to issues related to service connection for arthritis, bursitis of the left shoulder, and an acquired psychiatric disorder other than PTSD. The Veteran's claims are being reviewed again after a previous denial.