Shoulder decisions — 2010

The Veteran's claims for service connection were denied as there was no credible evidence of exposure to herbicides or asbestos in service, and the current presence of diabetes mellitus, peripheral neuropathy, bilateral eye disability, bilateral lung condition, bilateral hearing loss, tinnitus, skeletal arthritis, arthritis of the right hand, left shoulder, and left elbow, peptic ulcer disease, and headaches were not established.

The Board has determined that the Veteran does not have current hearing loss in his left ear and right shoulder disability, and therefore denied both claims.

The Board has determined that the Veteran's left shoulder disorder, which includes frozen shoulder syndrome, is related to his service-connected diabetes mellitus and thus grants service connection for this condition.

The Board has determined that the Veteran's current lower back, bilateral knee, and right shoulder disabilities are related to his service. However, there is no evidence of a hip disability during service or since then.

The Veteran's service-connected right shoulder disability, following total shoulder replacement, is shown to be productive of chronic residuals consisting of severe painful motion or weakness. As such, a 60 percent evaluation is granted for the period beginning October 1, 2007.

The Veteran's right shoulder disability is currently rated at 30 percent, effective from June 16, 2009. The Board found that the evidence did not support a higher rating for any period.

The Board granted a 10 percent rating for the neurological manifestations of the Veteran's right shoulder disability (mild incomplete paralysis of the circumflex nerve) and found that her ulcerative colitis was aggravated by her use of NSAIDs, warranting service connection.

The Veteran's asthma is service-connected, but his other claimed conditions are not. Further examination and development of the record are needed to determine if any of these conditions are related to military service.

The Veteran's appeal is being remanded for further evaluation of his right shoulder and left ankle disabilities, as well as the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for higher initial evaluations for bilateral lower extremity radiculopathy have been dismissed due to the failure to file a timely substantive appeal.,The Veteran's claims for service connection for bilateral hearing loss, right hip and left shoulder disability, right knee disability, acquired psychiatric disorder, and respiratory disability (claimed as lung disease due to asbestos exposure) have been dismissed due to the failure to file a timely substantive appeal.

The Veteran's service-connected status post salpingostomy disability requires continuous treatment and is currently rated at 10 percent. The Board has granted a 10 percent rating for the service-connected arthritis of the bilateral knees and shoulders.

The Veteran's service-connected PTSD and right shoulder disability render him unemployable, as evidenced by his statements and VA medical opinions. The Board grants a TDIU.

The Veteran's appeal is being remanded for a Travel Board hearing and further development.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected right shoulder disorder and determine whether he is unemployable due to this disability.

The Veteran's claims for increased disability ratings for impingement syndrome of the left shoulder and PTSD were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's left knee disability is found to be service-connected, while his right shoulder disability is not. The decision does not address the issue of exposure basis or whether the claim falls under any specific presumptive conditions.

The Board has determined that further medical examinations and opinions are needed to determine the relationship between the Veteran's current disabilities, including right shoulder disability and sinus condition, and his service. The claims for bilateral hearing loss and tinnitus will also be remanded.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA disability determination and records from the Livermore VA Medical Center.

The Board has determined that the Veteran's lumbar spine, cervical spine, and shoulder disabilities were not incurred in or aggravated by active service.

The Veteran's service-connected left shoulder arthritis and cervical spine degenerative joint disease have been rated based on their respective limitations of motion. The low back strain with degenerative joint disease has also been rated, but the RO granted an increased rating effective January 1, 2010.