Shoulder decisions — 2010

The Board has remanded the case due to the need for additional development and compliance with VCAA requirements.

The Board has remanded the case due to the need for additional development, including obtaining medical opinions regarding the Veteran's left shoulder disability and claimed hernia.

The Board has granted service connection for sinusitis and awarded a 20% initial evaluation for the Veteran's left shoulder disability, effective from December 1, 1999.

The Board found that the appellant did not have a qualifying period of service and therefore is not considered a veteran for purposes of these claims. The Board also determined that there was no evidence linking any claimed conditions to active duty or ACDUTRA.

The Veteran's claim for an increased rating in excess of 30 percent for his service-connected right shoulder disability is being remanded due to the need for additional evidence and a VA examination.

The Board has determined that a remand is necessary to determine if the Veteran's service-connected disabilities meet the criteria for specially adapted housing or a special home adaption grant due to worsening of his conditions since his last examination in June 2006.

The Veteran's claims for higher initial evaluations for his service-connected right shoulder arthritis, left great toe and knee degenerative arthritis, and bilateral hearing loss were denied. The Board found that the evidence did not support a finding of more than the current assigned disability ratings.

The Board has denied the Veteran's claims for service connection for hypertension and a bilateral shoulder disorder, finding that there is no evidence linking these conditions to his active duty.

The Board found no evidence of a chronic left shoulder disability during service or within one year after discharge, and the medical evidence did not establish a link between any current left shoulder disability and military service. The Veteran's assertions as to continuity of symptoms were deemed less credible.

The Veteran's left shoulder disability, which includes recurrent dislocation and arthritis, is currently rated at 30 percent. The Board has determined that a higher evaluation of 40 percent is warranted for the period beginning December 1, 2008.

The Board has determined that the Veteran's right shoulder disorder is not related to his military service and therefore denied service connection for this condition. The Veteran's PTSD was found to meet the criteria for a 50 percent rating, but no higher.

The Board has determined that the Veteran's right shoulder impingement does not warrant a rating in excess of 20 percent.

The Veteran's claim for an effective date earlier than November 20, 2008, for a right shoulder disability was granted. The initial rating of 10 percent for degenerative joint disease, lumbosacral spine, prior to November 20, 2008, and the increased rating to 20 percent after that date were also granted.

The Board has granted service connection for scars from shrapnel wounds to the back, finding that they were incurred during military service. The right shoulder, stomach, bilateral hearing loss, and tinnitus claims are remanded for further development.

The Veteran's claim for an increased evaluation of his right shoulder wound residuals, including paresthesias in the right hand and wrist, was denied. His request for a higher rating on scars of the right scapular area and superior lateral aspects of the right shoulder, with moderately severe injury of muscle group II, has been withdrawn.

The Board denied the Veteran's claims for service connection for left ear hearing loss and right shoulder acromioclavicular degenerative arthritis with impingement syndrome, finding that his current hearing loss was not related to service.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, a cervical spine disorder, and a left shoulder disorder. The evidence did not support a finding that these conditions were related to his military service.

The Board found that the Veteran's left shoulder disability did not meet or approximate the criteria for a compensable schedular evaluation during the appeal period.

The Board has determined that the Veteran's myofascial pain of the right trapezius muscle is related to his period of service, and thus grants service connection for this condition. The reduction in ratings for hemorrhoids, left hip/groin strain, and left knee chondromalacia and osteoarthritis are also granted.