Shoulder decisions — 2009

The Veteran's appeal is being remanded for additional development and examination.

The Board denied increased ratings for the Veteran's service-connected right and left shoulder disabilities, finding that he was already receiving the maximum schedular ratings.

The Veteran's claims for residual scarring from right shoulder arthroscopic surgery, histoplasmosis with lung tissue scarring, and osteoarthritis of the left hand were denied as there is no evidence of these conditions during his service or at any point thereafter.

The Board denied the Veteran's claims for increased evaluations for his service-connected left shoulder and left knee disabilities, finding that they were not related to active duty service.

The Veteran's claims for an initial rating in excess of 20 percent for right shoulder disability and service connection for bilateral hearing loss, tinnitus, heartburn and stomach pains, and low back pain were denied. The claim for service connection for a chronic disability claimed as heartburn and stomach pains was not well-grounded.

The Veteran's claims for service connection for post-traumatic stress disorder, back disability, major depressive disorder, lipoma of the neck and shoulder, and respiratory disorder (emphysema and chronic obstructive pulmonary disorder) have been denied as there is no verified in-service stressor, no current diagnosis or link to service, and no evidence of exposure to Agent Orange.

The Veteran's service-connected osteoarthritis, left knee, is characterized by subjective complaints of pain and slight limitation of motion. The Veteran's service-connected status post rotator cuff tear with tendonitis, left shoulder, was characterized by a slight decrease in active and passive range of motion, accompanied by pain. The RO granted the initial compensable evaluation for osteoarthritis, left knee, but denied an increased rating for status post rotator cuff tear with tendonitis, left shoulder.

The Board has determined that the Veteran's bilateral shoulder disability was not incurred in or aggravated by active service and therefore denied his claim.

The Board has determined that the Veteran's claim for service connection for bilateral hearing loss is denied, but his claim for residuals of a gunshot wound to the left shoulder and back is granted.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the current disability ratings.

The Veteran's claims for service connection and higher initial ratings were denied. The low back disability was not rated higher than 40 percent since February 1, 2008. The bilateral shoulder disorder may not be related to military service.

The Veteran's service-connected left shoulder bursitis and muscle spasm of the neck are currently rated at 20 percent, but the evidence does not support a higher rating as her range of motion is limited to 95 degrees forward flexion and abduction.

The Veteran's right shoulder disability causes limitation of motion at the shoulder level, but does not meet the criteria for a higher rating as it does not cause limitation of motion to midway between the side and shoulder level or to 25 degrees from the side.

The Veteran's appeal is denied as there are no legal provisions for retroactive reimbursement of costs incurred by enrolling in a masters program not approved by the IWRP under the provisions of Chapter 31.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for post-traumatic stress disorder, immune disorder, sinus disorder, and post-operative benign neck mass residuals including scars. The Veteran's claim for a compensable disability evaluation for acne vulgaris of the face, the neck, and shoulders and right forearm nummular eczema remains pending.

The Board has denied service connection for tinnitus due to a lack of evidence linking the condition to active duty service. The Veteran's claim for hearing loss is pending, as VA needs to obtain additional personnel records related to his Reserve status.

The Veteran's left shoulder disability, characterized primarily by subjective complaints of pain and a slight reduction in range of motion, does not meet the criteria for an evaluation in excess of 10 percent.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need for aid and attendance of another person or housebound status.

The Veteran's bilateral arthritis of the hands was found to have been incurred during active service. However, there is no evidence linking his current left shoulder disability to his military service.

The Board denied the Veteran's claims for PTSD, bilateral hearing loss disability, left shoulder disability, right knee disability, and hypertension as there was no credible supporting evidence of a stressor and the Veteran did not engage in combat. The Veteran also had normal hearing during service.