Shoulder decisions — 2009

The Veteran's claims for service connection for a left shoulder disorder and infertility (claimed as due to undiagnosed illness) were denied. The Board found no current disability related to the claimed conditions, and thus denied these claims. The Veteran's claims for increased ratings for finger fractures were also denied.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for a TDIU, and these disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected left and right shoulder disabilities, as well as his claims for service connection for residuals of cold injury to the bilateral upper and lower extremities, were denied. The Board found that the current evaluations adequately reflected the severity of the Veteran's conditions.

The Board found no evidence of a chronic right shoulder or left knee disorder in service and concluded that the current disorders are not related to service. The Veteran's claims for service connection were denied.

The Veteran seeks service connection for a right shoulder strain. The Board has ordered remand due to the need for an opinion regarding the etiology of the condition and additional development of his Social Security Administration records.

The Veteran's claims for service connection for lumbosacral strain, bone spurs of the left shoulder, and degenerative arthritis of the right hand were denied as there is no competent evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for his lumbar spine and left shoulder disabilities, as well as his claim of entitlement to a TDIU rating, are being remanded due to the need for additional examinations.

The Board has determined that the Veteran's low back and right shoulder disabilities did not manifest during service or within one year of discharge, and there is no evidence linking these conditions to service. The VA examiner found more subjective complaints than objective findings.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities render him unemployable, and has therefore remanded the case for further action.

The Board denied the Veteran's claims for service connection for diabetes mellitus and hypertension, as well as his increased rating claims for right knee disability, left knee disability, and left shoulder disability. The evidence did not support a finding of in-service onset or aggravation of these conditions.

The Veteran's left shoulder disability is being remanded for further evaluation due to insufficient detail in the August 2008 examination report.

The Veteran's appeal is being remanded to the RO due to a change in the hearing officer, and he has requested a new video conference hearing before the Board.

The Veteran's right shoulder disability, including frozen shoulder and myofascial pain syndrome, was determined to be caused by a positioning injury during a VA-administered carotid endarterectomy in January 2003. The Board found that the disability was not due to the Veteran's own willful misconduct and concluded that sustaining such a disability was an unforeseeable consequence of the surgery. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is granted.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining records from his time in the U.S. Naval Reserve and at the Corpus Christi Vet Center.

The Veteran's claims for increased ratings for her right wrist and right shoulder disabilities, as well as service connection for a cervical spine disability, were denied by the RO. The Veteran was not granted any new evaluations or effective dates.

The Board has determined that the Veteran's left shoulder condition was aggravated by service and grants entitlement to service connection for this disability.

The Board denied the Veteran's claims for an initial disability rating in excess of 10 percent for her service-connected right foot bunion and for service connection for her right side leg and arm muscle weakness and joint problems (right side disorder) and a left shoulder disability.

The Veteran's appeal is being remanded for a VA examination to assess the current nature, extent and severity of his right shoulder disability.

The Board has granted a 30 percent disability rating for the Veteran's service-connected right shoulder dislocation residuals and has found that hepatitis C is related to military service. The claims are denied as there is no evidence of an increased disability rating or new and material evidence.