Shoulder decisions — 2009

The Veteran's claimed conditions were not incurred or aggravated by active service, nor may degenerative joint disease be presumed to have been incurred therein. The Veteran has not provided credible evidence establishing that an event, injury, or disease occurred in service or during an applicable presumptive period for which the claimant qualifies.

The Veteran's claim for an increased evaluation for his right shoulder disability is being remanded due to the need for a new VA examination.

The Veteran's medical treatment at St. Peters Hospital on August 14, 2003 was not authorized by VA and did not meet the criteria for reimbursement under emergency treatment provisions.

The Board finds that the Veteran's bilateral shoulder strain is causally related to his active duty service and grants service connection for this condition.

The Board found that the Veteran's left shoulder bursitis was not incurred in or aggravated during his active duty service and denied his claim.

The Board has reopened the claims for service connection for residuals of a back injury and bilateral shin splints (now referred to as leg disabilities). The claim for residuals of a back injury is granted, with the disability found to be caused by an in-service low back injury.,Service connection is not granted for the left shoulder disability. The preponderance of evidence does not support a finding that the current disability is related to active duty service.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development of the record, including obtaining updated medical records and scheduling VA examinations.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran's claim will be reconsidered after these actions.

The Board has determined that the Veteran's shrapnel scar on his left upper arm is related to service and grants service connection for this condition.

The Veteran's left shoulder disorder manifests in pain, but the limitation of motion is greater than 25 degrees to the side. There was no apparent additional functional impairment due to pain during range of motion exercises, repetitive use, fatigueability or weakness.

The Veteran's appeal is being remanded for additional development of his claims for service connection for residuals of a head injury, low back disability and right shoulder disability.

The Board finds that the Veteran's left shoulder disorder, diagnosed as moderate bicep tendonitis and AC joint mild arthritis, is likely related to injury incurred during active military service.

The Board denied the Veteran's claims for initial ratings in excess of 10 percent for his right and left shoulder arthritis, status post decompression of the subacromial joint.

The Board has denied all service connection claims, finding no evidence of chronic disabilities in service or for many years thereafter. The Veteran's lay statements regarding inservice incidents are not sufficient to establish service connection.

The Board has determined that the Veteran's current right shoulder myositis is a residual of an injury sustained during Active Duty for Training (ACDUTRA), and thus service connection is granted.

The Veteran's cervical spine disability was granted a rating of 10 percent effective June 2002, and increased to 20 percent effective September 5, 2006.,The Veteran's low back disability was initially rated at 10 percent in June 2002. As of September 5, 2006, the rating was increased to 20 percent.,The Veteran's right knee disability was granted a separate 10 percent rating for painful flexion effective June 1, 2002.,The Veteran's left shoulder disability was initially rated at 10 percent in June 2002. As of June 1, 2002, the Veteran received a separate 10 percent rating based on painful flexion.

The Veteran's claim for a higher rating for his left shoulder disability is being remanded due to the need for further development, including scheduling another VA examination.

The Veteran's right shoulder disability has been rated at 50 percent since May 1, 2004. The Board denied the request for a higher rating and did not grant an extension of the temporary total evaluation beyond April 31, 2004.

The Board denied the Veteran's claims for service connection for a bilateral shoulder disorder and an increased evaluation for left foot fracture. The Veteran failed to report for a VA examination scheduled in conjunction with his claim for a bilateral shoulder disorder, and there is no medical evidence indicating a nexus between any current shoulder condition and service.