Shoulder decisions — 2009

The Veteran's current right shoulder injury and arthritis are not shown to be related to his period of active service. His PTSD claim was denied due to uncorroborated stressor events, and his bilateral hearing loss with vertigo is not considered incurred in or aggravated by service.

The Veteran's claims for service connection are being remanded due to the loss of his service records and the need to search for additional evidence.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as his other nonservice-connected conditions and work experience make it possible for him to find another means of employment.

The Board has determined that the Veteran's bilateral shoulder condition did not first manifest during service or within one year of separation, and there is no medical evidence linking his current condition to service. Therefore, service connection for a bilateral shoulder condition is denied.

The Board has determined that the Veteran's claimed left shoulder blade injury, right ear hearing loss, and tinnitus are not service-connected due to lack of evidence showing a chronic condition during or within one year after service.

The Veteran's right shoulder disability was granted an increased evaluation of 20 percent from March 25, 2004 to July 11, 2007. Service connection for a left shoulder disorder is denied as it did not meet the criteria for being proximately due to or the result of his service-connected right shoulder disability.

The Veteran's overpayment of VA compensation benefits in the amount of $16,857.87 is being remanded for further action due to issues regarding its validity and entitlement to a waiver.

The Veteran's claims for service connection for a left shoulder disability as secondary to a low back disability, and for bilateral hearing loss are denied. The claim of service connection for tinnitus is pending due to the need for further evaluation.

The Veteran's service-connected sclerosing cholangitis and left shoulder impingement were evaluated, but the evidence did not support higher initial ratings.

The Veteran's claims for increased ratings for his left shoulder impingement syndrome, and right and left knee disabilities were denied. The left knee disability was rated at a combined 30 percent (10 percent under Code 5260 and 20 percent under Code 5257).

The Board denied the Veteran's claims for service connection for recurrent dislocation of the left shoulder and a back disability, finding no new and material evidence to reopen the claims. The Board also found that there was insufficient evidence to establish service connection for the back disability.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Board has remanded the case to the RO for additional development, including obtaining complete hospital records and arranging for a VA examination. The Veteran's claims of service connection and compensation under 38 U.S.C.A. § 1151 will be readjudicated based on the new evidence.

The Veteran's claim for an increased rating for his right shoulder disability was denied. The current evaluation of 30 percent is deemed insufficient to reflect the severity of his condition.

The Veteran's right knee disability has been rated at 10 percent for instability and arthritis. The current rating is denied as the Veteran does not meet the criteria for a higher rating based on limitation of motion or other factors.

The Board has determined that the veteran's left shoulder bursitis and degenerative joint disease were aggravated by his active military service, warranting service connection.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the left shoulder and bilateral knee arthritis, finding no evidence of a current disability related to his military service.

The Veteran is granted an initial noncompensable evaluation for residuals of a left shoulder separation prior to April 12, 2005 and an initial compensable evaluation (20%) from June 1, 2005.,The Veteran is granted an initial noncompensable evaluation for the compression fracture of T12 prior to August 9, 2007 and a higher compensable evaluation (10%) from August 9, 2007.

The Board has determined that there is no current diagnosis of a right shoulder disorder and the Veteran's reported symptoms do not meet the criteria for service connection. The claim for gastroenteritis was remanded, so it remains pending.

The Veteran's service-connected disabilities do not render him unemployable, as his back and neurological conditions are the primary factors preventing employment.