Shoulder decisions — 2010

The Board has remanded the case for additional development due to inadequate medical examinations in prior decisions.

The Board has granted an increased rating for the Veteran's right shoulder disability and remanded the issue of a separate rating for neurological manifestations, including carpal tunnel syndrome. The VA examiner concluded that it is at least as likely as not that the carpal tunnel syndrome is caused or aggravated by the service-connected right shoulder disability.

The Board has determined that the Veteran does not have current diagnoses of a right shoulder disorder and residuals of a head injury related to military service.

The Veteran's appeal is for an initial compensable rating and a temporary total convalescence rating for his right shoulder disorder. The Board has determined that the claim should be remanded to allow for further development, including obtaining additional VA outpatient records and scheduling a VA examination.

The Board has determined that the appellant does not have a service-connected scoliosis of the thoracic spine, a psychiatric disorder including depression, or residuals of a xiphoidectomy. The low back disability, neck disability, respiratory disorder, headache disorder, and bilateral shoulder disability are also denied as not being related to her active service. Tinnitus is also denied.

The Veteran's claims for increased evaluations for residuals of a left (minor) shoulder injury and degenerative cervical spondylosis have been granted, with the effective date being July 10, 2007, for the shoulder disability and July 10, 2008, for the cervical spine disability.

The Board has determined that the Veteran's bilateral hearing loss is service-connected, as it was incurred during his active duty service. The issues of entitlement to service connection for sleep disorder disability and right shoulder disability are addressed in the REMAND portion of this decision.

The evidence does not support a finding of service connection for the Veteran's claimed left shoulder rotator cuff tear and arthritis due to lack of continuity of symptoms since service, conflicting medical opinions regarding causation, and no indication of any incident or event during active military service that could be linked to these conditions.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and denied his claim. The shoulder disability issue is being remanded for further development.

The Board has remanded the case for additional development due to incomplete examinations and lack of review of certain medical reports.

The Veteran's claims for increased ratings for his right shoulder and right hip disabilities were granted, with the right shoulder disability receiving a 30 percent rating. The decision also denied reopening of a claim for back strain secondary to old compression fracture at L1.

The Veteran's increased rating claims for his left shoulder, left knee, and right knee disorders were denied. The claim for service connection for residuals of a left ankle injury was also denied. The Veteran's hammer toe deformity did not meet the criteria for a compensable evaluation.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and peripheral neuropathy, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Veteran was found unemployable due to service-connected disabilities as of January 4, 2005. An effective date of that date is granted for the TDIU.

The Veteran does not currently have any of the claimed conditions and there is no service connection granted for any condition.

The Board has denied the Veteran's claims for service connection for right hip disability, left shoulder disability, bilateral hearing loss, and certain other disabilities due to lack of current diagnoses or evidence linking these conditions to service. The Veteran is not entitled to an initial compensable rating for any of his service-connected disabilities.

The Veteran's service-connected bipolar disorder renders him unable to secure or follow a substantially gainful occupation, and the Board grants entitlement to TDIU.

The Board has determined that the Veteran's right shoulder partial rotator cuff tear warrants a disability rating of 30 percent, as it results in pain and limitation of motion with additional functional impact due to pain.

The Board found that the Veteran's current right shoulder disorder, including degenerative osteoarthritis, was not incurred or aggravated in service and denied his claim for service connection.

The Veteran's claim for a TDIU was denied as he did not meet the schedular criteria for a TDIU prior to July 12, 2007. The effective date of his TDIU is set at July 12, 2007.