Shoulder decisions — 2009

The Veteran's appeal is being remanded for additional development and consideration of his claims.

The Veteran's tinnitus is related to in-service acoustic trauma and service connection for this condition has been granted. The Board finds that the Veteran's right and left shoulder disabilities are less likely than not related to his active duty service.

The Veteran's claims for right shoulder arthritis, left shoulder arthritis, and arthritis of the side of the head are denied as there is no competent evidence of current disabilities. The service connection claim for DDD of the cervical spine remains in effect.

The Veteran's claims for service connection for a right ankle condition and left ankle condition were denied. The Veteran was granted an initial 20 percent disability rating for lumbar strain myositis but not higher. His claim for an increased rating for his right knee status post meniscal repair and anterior cruciate ligament rupture, with residual pain was denied. Service connection for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.,The Veteran's claims for service connection for a left ankle condition and right shoulder disability were denied. The Veteran was granted an initial 10 percent disability rating for status post repair of rotator cuff and labral tear and impingement syndrome of the right shoulder but not higher. His claim for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.

The Board has denied service connection for a right shoulder condition, right knee disorder, and right ankle disorder due to the lack of evidence of current disabilities. The Veteran's claims for hernia condition and hearing loss are pending as additional development is required.,Service records indicate possible onset of an umbilical hernia during service, but further medical examination is needed to confirm this potential relationship.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's right shoulder disorder is being remanded for further examination and opinion to determine its etiology.

The Veteran's right knee condition is rated at 10 percent, and his left biceps tendonitis prior to May 27, 2004 was also rated at 10 percent. From May 1, 2007 onwards, the Veteran's post-arthroplasty left biceps tendonitis is rated at 50 percent.

The Board has determined that the Veteran's claimed conditions are not related to his active military service and have denied all of his claims.

The Veteran's low back disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other claims are not addressed in this decision.

The Veteran's service-connected residuals of a right shoulder fracture are currently rated at 10 percent, and the Board finds that this rating is appropriate based on the evidence provided.

The Board denied the Veteran's claims for service connection for right ear hearing loss, bilateral knee condition and left shoulder dislocation. The decision also noted that new and material evidence had not been submitted to reopen these claims.

The Board has denied the Veteran's claims for service connection for left thumb and left shoulder disabilities, as well as his claim for an increased rating for a rotator cuff tear of the right shoulder. The Veteran is also not entitled to TDIU based on his service-connected disability.

The Board denied the Veteran's claims for a higher rating for his left shoulder disability, service connection for bilateral hearing loss and tinnitus, and to reopen his claim for recurrent dislocations of the left shoulder. The decision also noted that he had already been granted service connection for the left shoulder sprain in 1948.

The Board has granted service connection for right hand osteoarthritis and right shoulder acromioclavicular arthritis effective July 21, 1992. The Veteran's original claim of entitlement to service connection was received on April 6, 1953, but he did not specifically request service connection for these conditions at that time.

The Veteran's residuals of head trauma with headaches, right shoulder disability, and cervical spine disability are currently rated at 30%, 20%, and 20% respectively. The appeals for higher ratings have been granted.

The Veteran's right shoulder instability is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The Board has determined that a higher rating is not warranted as there is no evidence of arthritis or degenerative changes in the joint.

The Veteran's service-connected disabilities, including bilateral shoulder disabilities and sleep apnea, are found to render him unable to secure or follow substantially gainful employment.

The Board found no evidence of current disabilities for the Veteran's claimed back and shoulder conditions, thus denying his service connection claims.

The Veteran's service-connected right shoulder tendonitis with rotator cuff tear is currently rated at 10 percent, but the Board finds that this rating is not sufficient to compensate for his symptoms and limitations.