Shoulder decisions — 2010

The Veteran's appeal is being remanded due to the need for additional VA and private treatment records related to her bilateral shoulder disabilities. The case will be readjudicated based on a review of all evidence.

The Veteran's service connection claims have been granted for various conditions, including right ear hearing loss, left cheek cyst excision (residuals), eczema (dry skin), and several musculoskeletal disorders. The initial evaluations assigned are all 10 percent.

The Board denied the Veteran's claims for service connection for various conditions, including right foot pes planus, left hip disability, cervical spine DDD, shoulder and upper extremity disabilities, lumbar spine DDD, bilateral knee disability, lower extremity nerve disability, fibromyalgia, and left ankle disability. The appeals were based on the submission of new and material evidence.

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

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's left shoulder disability, which includes a history of dislocation and removal of a bone tumor, has been rated at 20 percent since July 2004. The Board has determined that the evidence supports an increase to a 30 percent rating based on more severe limitation of motion.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining updated medical records and scheduling him for a VA examination to assess the severity of his service-connected spine disabilities.

The Board has determined that the Veteran does not have current memory loss related to service, including in-service mercury exposure. The claim for service connection is therefore denied.

The Board found that the Veteran's current left shoulder disability, diagnosed as osteoarthritis, was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's appeals for service connection of left hip, right hip, left shoulder, and right shoulder disabilities have been dismissed as the Veteran withdrew his appeal concerning these issues in a hearing before the Board.

The Veteran's left shoulder disability was evaluated at 10 percent disabling from April 21, 2004 to June 18, 2007 and later granted a temporary 100 percent evaluation for the period of June 19, 2007 to October 31, 2007. The Veteran's left shoulder disability was subsequently rated at 20 percent disabling from November 1, 2007 onwards.

The Board has remanded the cases for further development and consideration.

The Veteran's claims of higher evaluations on an extraschedular basis for left shoulder scar and cervical spine arthritis, as well as earlier effective date for TDIU were granted.

The Board found that the Veteran's rotator cuff tear of the right shoulder was not incurred in service and denied his claim for service connection. The other claims were also denied.

The Veteran's claims for service connection for depression, bilateral shoulder disability, hearing loss disability, tinnitus, and diabetes mellitus were denied as there is no evidence of a nexus between these conditions and his military service.

The Board has denied the Veteran's petitions to reopen his claims for service connection for prostatitis and a right shoulder disability, finding that no new and material evidence was submitted.

The Veteran's generalized anxiety disorder is likely related to her service, and the Board grants service connection for this condition. The issue of entitlement to a TDIU remains pending as part of the increased rating claim.

The Board denied the Veteran's claim of service connection for a bilateral shoulder injury in an August 1993 rating decision. The Veteran argues that this decision was erroneous due to failure to consider evidence suggesting he incurred chronic bilateral shoulder strain during service.

The Veteran's service-connected disabilities, including irritable bowel syndrome, depressive disorder, arthralgias in multiple joints, headaches, and fatigue, idiopathic fasciculation (muscle twitching), tinnitus, chondromalacia patella of the bilateral knees, left shoulder tendonitis, post-operative scar tissue, and chronic sinusitis with nosebleeds, do not render him unable to secure or follow a substantially gainful occupation.

The Board denied an extraschedular increased rating for the Veteran's right shoulder disability, finding that the evidence did not warrant such consideration.