Shoulder decisions — 2009

The Veteran's service-connected right shoulder disability is currently rated at 20 percent, which corresponds to a moderately severe muscle injury. The Board found that the current rating adequately reflects his condition and does not warrant an increased rating.

The Veteran is seeking a TDIU based on his service-connected disabilities, but the case has been remanded for additional medical examination to determine if these conditions alone are sufficient to prevent him from pursuing substantially gainful employment.

The Veteran's claims for service connection for cervical spine disorder with headaches, left knee disorder, lumbar spine disorder, bilateral shoulder disorder, and bilateral foot disorder have been granted.

The Veteran's right shoulder disability, characterized by limited range of motion and recurrent sharp pain, does not meet the criteria for a higher rating than 20 percent.

The Board found no evidence linking the Veteran's current conditions to her military service and denied all claims for service connection.

The Veteran seeks compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a left shoulder disability and loss of use of his left arm, resulting from surgery performed at a VA medical facility on March 8, 2005. The case is being remanded to obtain additional evidence and determine whether the Veteran experienced additional disability as a result of the surgery.

The Veteran seeks to reopen his claim for service connection of a right shoulder disability. The Board has determined that the necessary VCAA notice has not been provided and additional evidence is needed, including private medical records from his orthopedic surgeon.

The Veteran's right shoulder disability was rated at 20% prior to February 28, 2008 and increased to 30% since that date.

The Board has decided to remand the case for further development and examination, as there are issues regarding service connection for shoulder and spine disorders.

The Board has determined that the Veteran's right shoulder disability was aggravated during his active service and is therefore entitled to service connection.

The Veteran's claims for earlier effective dates and increased ratings have been denied. The Board found that the preponderance of evidence did not support a higher rating or an earlier effective date.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claim for service connection for a right shoulder condition has been denied as there is no currently diagnosed disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and ensuring all due process considerations are met.

The Veteran's claims for service connection and higher ratings were denied. The Board found that the evidence did not meet the criteria for a compensable rating for his shrapnel scars.

The Veteran's left shoulder disability, which includes residuals of a previous reconstruction and arthritis, is currently rated at 20 percent. The evidence does not support an increase in the rating as his range of motion does not meet the criteria for a higher evaluation under any applicable diagnostic codes.

The Board has granted service connection for left shoulder tendonitis and found that the Veteran's current condition is related to his active service. The issue of an initial evaluation in excess of 10 percent for degenerative disc disease with herniated nucleus pulposus L4-5 and L5-S1 remains pending.

The Veteran's claim for service connection for a left shoulder disability is being remanded due to the need to locate additional service medical records and conduct a VA examination.

The Board has reopened the Veteran's claim for service connection for a left shoulder disability and denied her claims for service connection for residuals of a left foot fracture. The Board found that new evidence was presented to reopen the claim, but did not find a causal relationship between the current disabilities and active duty service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to Dependency and Indemnity Compensation (DIC) for the cause of the Veteran's death. The evidence now shows a causal connection between the Veteran's service-connected disabilities and his accidental death from a tractor rollover.