Shoulder decisions — 2010

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has reopened the claims for service connection for hypertension, bursitis of the right shoulder, residuals of a low back injury, and residuals of a neck injury. The case is remanded to further develop these claims on the merits.

The Board found that the Veteran's service treatment records were negative for complaints, treatment, or diagnoses of any left shoulder disability. The Board also noted that arthritis of the left shoulder was not exhibited within the first post-service year. Therefore, the claim for service connection for residuals of electrical burns and degenerative changes of the left shoulder was denied.

The Board finds that the RO's determination to recoup $25,631.00 from the Veteran's VA compensation for left and right shoulder disabilities was proper as a matter of law.

The Board denied the Veteran's claims for service connection for degenerative changes of the cervical spine and a bilateral shoulder condition with numbness in arms, finding that there was no competent medical evidence linking these conditions to his time in service.

The Board has remanded the case due to incomplete opinions and further development is required.

The Veteran's appeal is being remanded for further development, including a C&P examination to determine the current severity of his service-connected disabilities and whether he has arthritis in his shoulders and knees.

The Board has determined that the Veteran's claimed shoulder, hip, and lower extremity disorders are not related to service. The preponderance of evidence does not support a finding that these conditions were incurred during active duty or within one year thereafter.

The Board found that there is no current diagnosis of a right shoulder disorder or residuals of an inservice right shoulder injury, and thus denied the claim for service connection.

The Veteran's claim for service connection for PTSD was denied. The Board found that the Veteran did not have a diagnosis of PTSD and there is no competent medical evidence linking an acquired psychiatric disorder other than PTSD to his service. For the period prior to May 13, 2009, the Veteran's right knee disability was evaluated as 10 percent disabling.

The Board finds that the Veteran's right shoulder disability was incurred in service and grants his claim for service connection.

The Veteran's left shoulder disability, recharacterized as left rotator cuff tendinosis with impingement, warrants a 10 percent rating. The Board found that the current range of motion and symptoms do not warrant an increased rating.

The Board's decision denying service connection for depressive disorder with anxiety, residuals of rubella, a right ankle disability, and residuals of a dislocated left shoulder is vacated due to the Veteran not being afforded a hearing. The case is now remanded for scheduling a travel board hearing.

The Veteran's claims for increased disability ratings and service connection were denied. The cervical spine condition was not found to warrant a rating higher than 10 percent, the low back disability with degenerative disc disease did not meet criteria for a higher evaluation, ureterolithiasis was rated at 10 percent prior to March 14, 2001 and above 10 percent thereafter, plantar fasciitis and heel spur of the right foot were rated as non-compensable, and hypertension was not found to be service-connected.

The Veteran's appeal is remanded for additional development, including obtaining SSA records and scheduling VA examinations to address his service-connected left shoulder disability and EMG testing. The claims will also be considered in the context of a possible TDIU claim.

The Board has determined that the Veteran's traumatic arthritis of the right shoulder warrants a 20 percent evaluation effective April 2, 2008.

The Veteran's claims for increased evaluations of his right and left shoulder osteoarthritis, bilateral pes planus, and TDIU are being remanded due to the need for additional medical records.

The Board has remanded the case for additional development, including obtaining records from various medical facilities and service personnel records. The appellant's right shoulder and arm disability will be evaluated based on whether it had its clinical onset in service or is otherwise related to active service.

The Veteran's claims for service connection were denied. The Board found that hyperlipidemia is not a disability for VA compensation purposes and thus cannot be granted.

The Board found no evidence of a shoulder condition during service or within the first post-service year, and there is insufficient medical evidence to link current shoulder conditions to service. The Veteran's claims for service connection for right and left shoulder disabilities are denied.