Shoulder decisions — 2009

The Board has granted service connection for arthrosis and tendonitis of the left shoulder, but denied service connection for hearing loss, left knee disability, right knee disability, and gastroesophageal reflux disease (GERD).

The Board found no evidence linking the Veteran's current tinnitus or musculoskeletal disabilities to his military service, and thus denied these claims.

The Veteran is found to be unable to secure and follow substantially gainful employment due to his service-connected disabilities, which include degenerative joint disease of the lumbar spine, right ankle fusion, degenerative joint disease of the left shoulder, and other conditions. The TDIU has been granted.

The Veteran's right shoulder disability is currently rated at 10 percent disabling. The Board found that the evidence does not support a higher evaluation, and thus denied her claim for an increased initial evaluation.

The Veteran's left shoulder disability, characterized by stiffness and limited motion with pain, is rated at 20 percent disabling.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right shoulder condition, as he has alleged worsening since an earlier examination.

The Board has granted service connection for a left shoulder disability but denied service connection for tinnitus. The Veteran's left shoulder strain is related to his active service, while there is no evidence of current tinnitus that could be attributed to active service.

The Board has granted the Veteran's claim of reopening his claim for service connection for the residuals of a back injury and has determined that he is entitled to service connection for thoracolumbar spine disability, diagnosed primarily as degenerative disc disease at T6-T7 and lumbosacral strain. The issue of entitlement to service connection for shoulder nerve pain and numbness remains pending.

The Veteran's claims for service connection for residuals of a head injury and right shoulder disorder are being remanded due to the unavailability of most of his service treatment records. A VA examination is needed to determine if these conditions are related to service.

The Board found that the Veteran's left shoulder disability, characterized by recurrent dislocation with residual capsular laxity and instability, does not warrant an evaluation in excess of 20 percent.

The Board denied increased ratings for left shoulder and cervical spine disabilities, as well as entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 14, 2004.

The Veteran's service-connected bursitis of the shoulders and residuals of an upper back injury are currently rated at their maximum levels. The VA examiner will assess whether these conditions, especially his bursitis of the shoulders and residuals of an upper back injury, preclude him from obtaining and maintaining any form of gainful employment consistent with his education and occupational experience.

The Board has determined that the Veteran does not have a right eye disorder, severe chronic back pain, severe chronic neck pain, or right knee disorder attributable to his military service. High cholesterol and hypertension were also found not to be related to service.

The Veteran's request for a hearing before the Board by videoconference has been noted, and he is scheduled to have one at the next available opportunity. The appeal remains in remanded status due to this hearing request.

The Board has determined that the Veteran's right shoulder DJD and heart condition are both service-connected. The right shoulder DJD is considered incurred in service, while the heart condition may not be presumed to have been incurred due to military service.

The Board has determined that the effective date for the grant of service connection for a right shoulder disorder should be August 10, 1949 due to clear and unmistakable error in assigning an earlier effective date.

The Veteran's claims of diabetes mellitus, type II; cervical spine disorder; and left shoulder disorder were all denied. The Board found that new and material evidence had not been presented to reopen the claims for cervical spine disorder and left shoulder disorder.

The Board has determined that the Veteran's service connection claim for thoracolumbar strain is granted. The claims for bilateral shoulder disability and right knee disability are being remanded to the RO.

The Veteran is seeking a TDIU based on his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records from Social Security Administration and arranging for an examination to assess the impact of his service-connected conditions on his employability.

The Board has determined that the Veteran's right shoulder, left shoulder, and right hand disabilities were not incurred in or aggravated by active service.,The Veteran's left foot disability is found to be proximately due to his service-connected lumbar spine disability.