Shoulder decisions — 2010

The case is being remanded for additional development, including review of new evidence submitted by the Veteran and issuance of a supplemental statement of the case.

The Board has granted service connection for cervical spine arthritis with degenerative disc disease and chronic muscle strain, but denied service connection for right shoulder arthritis with chronic muscle strain and left shoulder arthritis with chronic muscle strain as not related to service or a service-connected disability.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to higher disability ratings or service connection based on the evidence of record.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hip disorder, hypertension, right shoulder disorder, rheumatoid arthritis, asthmatic bronchitis, pericarditis with syncope, and potassium losing nephropathy. The denial is based on a lack of competent evidence linking these conditions to service or the undiagnosed illness presumption.

The Board found no evidence to support the Veteran's claims of service connection for his heart, hernia, paralyzed right hemi diaphragm, and vagus nerve disorders as secondary to his left subclavian shoulder/arm disorder.

The Veteran's additional disability of a stiff or 'frozen' left shoulder is not considered to be caused by any fault on the part of VA, and therefore compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Veteran's right shoulder disability has been granted an increased rating to 20 percent, effective from the date of this decision. The left shoulder disability remains at a 10 percent rating.

The Veteran's appeal is being remanded for additional development to determine if he has the claimed conditions and whether they are related to service.

The Veteran's hypertension, bilateral shoulder and knee disabilities, and left thumb disability are all found to be service-connected. The combined rating for these conditions is at least as high as the schedular requirement for TDIU.

The Board found that the Veteran's degenerative changes of the cervical spine and right shoulder were not incurred in or aggravated by service, nor may they be presumed to have been incurred in or aggravated by service. The evidence did not show a compensable degree of arthritis within one year after separation from service.

The Board has remanded the Veteran's claims for a higher rating and TDIU due to his right shoulder disability, requesting additional medical evidence and an orthopedic examination.

The Board has granted effective dates of August 16, 2004 for service connection of low back disability, cervical spine disability, and right shoulder degenerative joint disease.

The Veteran's appeal of the January 2004 rating decision was dismissed due to failure to timely file a substantive appeal. The issues of entitlement to increased ratings and earlier effective dates are currently on hold as they are inextricably intertwined with the timeliness issue.

The Veteran's right shoulder impingement syndrome, partial rotator cuff tear with degenerative changes, and back disability are found to be the result of injury incurred during active military service.

The Veteran is seeking a higher rating for his service-connected right shoulder disability, but the case has been remanded due to incomplete medical records and further examination.

The Veteran's right shoulder disability, characterized by recurrent dislocations and pain, did not meet the criteria for a compensable evaluation prior to October 21, 2008. The VA examination conducted in April 2007 showed no significant functional impairment.

The Board denied an earlier effective date for the grant of service connection for a left shoulder disability, finding that no factual basis existed to support such a decision and noting that the Veteran had been aware of what was necessary to submit a claim for VA benefits prior to May 18, 2006.

The Board has remanded the case for additional development, including obtaining relevant medical records and scheduling a VA examination to determine the nature and likely etiology of any chronic low back disorder.

The Veteran meets the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his service-connected disabilities that have essentially commensurate with loss of use of both lower extremities.

The Veteran's appeal for higher ratings on multiple service-connected conditions, including tinnitus and hearing loss, was denied. The Veteran also requested service connection for otitis media of the left ear and bronchitis, but these claims were not addressed as they are not related to service connection.