Shoulder decisions — 2010

The Board found no evidence of current right hand or wrist arthritis, and the Veteran's bilateral shoulder arthritis is not shown to be related to service. Therefore, service connection for these conditions was denied.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of evidence.

The Board has granted service connection for a right shoulder disability, finding that the evidence is at least in equipoise as to whether the appellant's current condition was caused or aggravated during his period of active duty.

The Veteran's appeal has been withdrawn by the appellant, and thus there are no issues for further consideration.

The Board found that the Veteran's current conditions are not due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness and denied his claim for service connection.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Alegent Immanuel Medical Center in Omaha, Nebraska on April 19, 2007 is denied as the criteria for emergency treatment were not met.

The Board has remanded the case due to unclear service connection status and potential issues with emergency treatment criteria. The Veteran's claim for payment of unauthorized private medical expenses incurred on September 2, 2008, for surgical repair of a right shoulder rotator cuff tear is being reconsidered.

The Board has remanded the Veteran's claims due to inadequate examination and missing treatment records, as well as the need for a hearing on her sarcoidosis claim.

The Veteran's appeal was dismissed because he did not file a timely notice of disagreement with the September 2004 rating decision.

The Board has decided to remand the case for additional development, including obtaining an opinion on whether the Veteran's left shoulder disability was aggravated by his service.

The Board has granted service connection for tinnitus, finding that the Veteran's reported in-service noise exposure is credible and his current tinnitus was manifested within one year of separation from service. The claims for bilateral hearing loss, headaches, and a right shoulder disability are remanded for further development.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of service connection for residuals of a right ankle injury, back arthritis, and arthritis of both shoulders are inextricably intertwined with the matter of service connection for residuals of a right ankle injury.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran withdrew his appeals for service connection on all three issues at the June 2010 hearing.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for hearing loss and right shoulder infection was reopened, but the evidence does not establish that VA medical services were the proximate cause of any additional disability.

The Veteran's appeal involves three separate issues: a claim for an increased rating for cervical spine disability, a claim for scars from surgery, and a request to reopen his right ankle sprain claim. The Board has referred these claims back to the RO for further development.

The Veteran's appeal is remanded to obtain updated medical records and schedule him for a VA examination to assess the severity of his left shoulder disability, including any torn labrum and scars. The rating assigned will be determined based on the examination results.

The Board has determined that the March 7, 1995, rating decisions denying service connection for sterility, right shoulder bursitis, and cyst in the right ear did not contain clear and unmistakable error (CUE).

The Board has denied the Veteran's claims for service connection for sleep disability, left shoulder disability, and DDD of the cervical spine due to a lack of new and material evidence.

The Veteran's claims for service connection are being remanded to obtain additional medical records and conduct further examinations. The Board will consider the evidence in its decision.