Shoulder decisions — 2010

The Board has determined that the Veteran does not have current bilateral hearing loss disability for VA compensation purposes and therefore, service connection for this condition is denied. The claims of service connection for a right shoulder disorder and a low back disorder are also denied.

The Veteran's appeal was denied for various issues, including service connection claims and rating determinations. The claim of reducing the rating for mechanical low back pain with lumbar strain, lumbar spondylosis, degenerative disc disease L4-5 and L5-S1 to 20 percent was found improper.

The Veteran's appeal for an initial rating in excess of 10 percent for right shoulder rotator cuff tendonitis, status post acromioplasty is dismissed as the Veteran withdrew his appeal prior to a decision.,The Veteran's tinnitus was granted service connection based on in-service acoustic trauma.

The Veteran's appeal is being remanded for further development, including scheduling a VA medical examination to assess the impact of his service-connected hearing loss and tinnitus on his employability. The issues of TDIU and education benefits are also being reconsidered.

The Board denied service connection for various chronic conditions, including shoulder, cervical spine, lumbar spine, knee, and foot disorders. The decision was based on the lack of evidence linking these conditions to service.

The Veteran's cervical spine disorder is not service-connected and was not caused by his service-connected bilateral claw feet. The non-healing neuropathic plantar ulcer, right first toe, status post partial amputation, is service-connected as secondary to the service-connected bilateral claw feet. Bilateral ankle instability is also service-connected as secondary to the service-connected bilateral claw feet.

The Veteran's claims for service connection for hearing loss, tinnitus, a neck disability, and a left shoulder disability are being remanded due to the need for additional medical examinations to determine the existence of current disabilities and their etiology.

The Board has dismissed the appeal for both issues due to the appellant's withdrawal of his appeals.

The Board has decided to remand the case for further development, including a VA examination to determine the nature and etiology of the Veteran's left shoulder disorder.

The Veteran's claims for increased evaluations for his right and left shoulder disabilities prior to June 2, 2009 were denied as the evidence did not show ankylosis or other disabling conditions warranting a higher evaluation.

The Veteran's DJD of the lumbar spine, right shoulder, and left ankle are rated at 40 percent effective July 28, 2008. The rating for his right shoulder is increased to 20 percent from that date.

The Veteran's lumbosacral strain is rated at 10 percent since June 6, 2005. The appeal for a higher initial evaluation was denied.,Service connection for the left shoulder disorder and left knee disorder were granted with respective initial evaluations of 20% and 10%. The appeals for higher initial evaluations were denied.,The Veteran's right knee disorder is rated at zero percent since June 6, 2005. The appeal for a higher initial evaluation was denied until November 23, 2006 when the rating was increased to 10%.,Service connection for the right shoulder disorder was not granted.

The Veteran's right shoulder disability, characterized by limited motion and pain, does not warrant a rating higher than the current 30 percent assigned.

The Board has determined that the Veteran's left shoulder disability with arthritis warrants a rating of 30 percent, effective from July 2009. Prior to this date, the disability was rated at 20 percent.

The Veteran's right shoulder disability was rated at 10 percent prior to August 9, 2005 and later increased to 20 percent from that date. The Board found the evidence did not support a higher rating for this period.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The case will be returned to the Board after the hearing.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or for adaptive equipment only due to his inability to use an unmodified vehicle.

The Veteran's claim for an effective date prior to June 7, 1999 for service connection of SFW of the right rhomboideus muscle (MG II) is granted.,The Veteran's claim for an effective date prior to June 7, 1999 for a separate compensable rating for SFW of the right anterior shoulder (MG III) is granted.

The Board has determined that new and material evidence sufficient to reopen the Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, has been received. However, the claims for bilateral shoulder and elbow disabilities have not met the criteria for service connection.

The Veteran's left shoulder disability, characterized by traumatic arthritis following surgery, has been rated at 20 percent since the January 2006 rating decision. The current condition does not warrant a higher rating as it only limits motion to shoulder level.