Shoulder decisions — 2010

The Board has determined that the appellant is in need of aid and attendance due to her left shoulder disability, which requires help with bathing and household chores. As a result, she meets the criteria for special monthly pension based on the need for regular aid and attendance.

The Veteran's service-connected residuals of dislocation of the right (major) shoulder with degenerative joint disease are currently rated at 30 percent, which is the maximum schedular rating available under Diagnostic Code 5202. The Board denied an evaluation in excess of 30 percent.

The Veteran's service connection for multiple disabilities, including PTSD and hearing loss, was granted effective June 13, 2008. The effective date is based on the receipt of his VA Form 21-526 application in June 2008.

The Veteran's right shoulder disability is not service-connected under 38 U.S.C.A. § 1151 due to the carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the Veteran does not have a current diagnosis for any of his claimed disabilities and therefore, service connection cannot be granted.

The Veteran's current left shoulder disorder is found to be causally related to service, and the Board grants service connection for this condition.

The Board has reopened the Veteran's claims for service connection for hypertension, a cerebral vascular accident, and back disability with radiculopathy. The new evidence supports these claims by establishing that the conditions are related to active service.

The Veteran's right shoulder injury is not service-connected. However, he has been granted service connection for cervical spine sprain and degenerative changes of the cervical spine, as well as lumbar spine sprain and degenerative changes of the lumbar spine.

The Board has remanded the Veteran's claims for additional development and consideration, including a VA examination and notification regarding new and material evidence requirements.

The Board found no evidence of a left shoulder disability during service and denied the claim for service connection. The earlier effective date claim was also denied as there is no indication that the Veteran's current right ankle, right calf scar, or right shoulder disabilities are related to his military service.

The Veteran's claims for service connection are being remanded due to the need to verify her periods of active duty and inactive duty for training, obtain medical opinions regarding the etiology of her right shoulder, elbow, and back disorders, and consider her claim under the provisions of 38 U.S.C.A. § 1117 (West 2002 & Supp. 2009) concerning undiagnosed illnesses.

The Veteran's right shoulder disability, characterized by limited range of motion, is currently rated at 30 percent disabling. The Board finds that the evidence does not support a higher rating.

The Board has remanded the case due to inadequate medical opinions regarding service connection for low back, bilateral shoulder, and left knee disorders. The Veteran's claims are also remanded for proper VCAA notice.

The Board has determined that the Veteran's bilateral hearing loss, back disability, residuals of right shoulder injury, and residuals of left shoulder injury are not related to his military service.

The Board has determined that the appellant is in need of regular aid and attendance due to her multiple, severely disabling physical disabilities, including significant visual acuity and field of vision disorders. The evidence supports a finding that she requires assistance with activities such as dressing, basic hygiene, feeding, toileting, bending to tie shoe laces, and walking at night.

The Board has determined that the Veteran's right shoulder rotator cuff tear is likely due to injuries sustained during his active service, and thus grants service connection for this condition.

The Veteran's right shoulder disability, characterized by moderate limitation of motion, has not met the criteria for a higher rating than 20 percent.

The Veteran's TDIU claim was granted effective May 31, 2006, due to her service-connected disabilities meeting the regulatory requirements for TDIU. Her combined rating at that time was 80 percent.

The Board has determined that the Veteran's lumbar spine, left shoulder, and right hip disorders are not service-connected as they do not have a direct link to his active duty service.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records. The issues of a compensable rating for residuals of left shoulder dislocation, as well as TDIU, will be reconsidered.