Shoulder decisions — 2010

The Veteran's initial claim for a higher rating was granted, and he is currently rated at 10 percent for his left shoulder disability. The appeal pertains to the assignment of an initial rating prior to May 17, 2005, and from October 1, 2005.

The Board found that the recoupment of the Veteran's separation pay from his VA disability compensation was proper based on federal law, and denied the appeal.

The Veteran's conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The Board has remanded the case for consideration of an increased evaluation for service-connected recurrent dislocation of the right and left shoulders, due to potential exceptional or unusual disability picture warranting referral for extraschedular consideration.

The Board found that the Veteran's current right shoulder disorder is not related to his military service and denied the claim for service connection.

The Board has reopened the Veteran's claim of service connection for a right shoulder disorder and granted service connection based on direct evidence. The Board also found that service connection was not warranted for arthritis of bilateral hands or an acquired psychiatric disorder (major depression).

The Board found no evidence of a current left shoulder or cervical spine disorder that is related to service. The Veteran's symptoms are more likely due to post-service injuries and accidents.

The Board denied the Veteran's claims for service connection for a right shoulder condition and TDIU as there was no evidence of any in-service injury or disease related to his current condition, and he is not service-connected for any disability.

The Board has remanded the case for further development, including scheduling a Travel Board hearing in Orlando, Florida. The Veteran's claims of service connection for various conditions are pending.

The Veteran's claims for service connection for a left shoulder disability and skin disability are being remanded due to the need for further medical examination and opinion regarding the nature, etiology, and current status of these conditions.

The Veteran's death was not service-connected, and the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 has been denied as he did not meet the duration requirement for a total disability rating in existence during his lifetime.

The Board denied reopening the claims for service connection for a right shoulder condition and lumbar spine degenerative arthritis, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's right shoulder condition is being remanded for a VA examination to determine if it is related to his service-connected fracture of the left radius, and whether it is aggravated by that condition.

The Veteran's appeal is being remanded due to his failure to appear for a Travel Board hearing. The case will be rescheduled for another hearing.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records. The Veteran seeks an increased rating for his service-connected right shoulder disability, which has been rated as chronic right shoulder muscle strain with degenerative joint disease.

The Veteran's claims of service connection for various conditions, including PTSD and a personality disorder, were denied. The Board found that the evidence did not establish the presence of these conditions or their relationship to military service.

The Veteran's appeal is being remanded for additional development, including a VA examination and the provision of proper notice regarding his claim to reopen service connection for left shoulder degenerative arthritis with internal derangement.

The Veteran's service-connected left (major) shoulder sprain is currently rated at 10 percent, and the evidence does not support a higher evaluation.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU, but his unemployability due to these conditions is supported by medical evidence. The case is REMANDED for further action including obtaining Social Security and Workers' Compensation records, conducting a social and industrial survey, and considering an extraschedular evaluation under 38 C.F.R. § 4.16(b).

The Board of Veterans' Appeals has determined that the Veteran does not have a current diagnosis of a right shoulder disability and therefore, service connection for this condition is denied.