Shoulder decisions — 2010

The Board found that there is no competent or credible evidence showing a current left shoulder disorder related to service, including as secondary to the service-connected residuals of a right shoulder injury. As such, the Veteran's claim for service connection was denied.

The Veteran's appeal was dismissed due to his death while the appeal was pending before the Court.

The Veteran's claims for increased ratings for service-connected ankylosing spondylitis of the left knee, right elbow, and right shoulder are being remanded due to inadequate examination records and need for updated VA treatment records.

The Veteran's claim for an earlier effective date of March 15, 2004, for a 10 percent evaluation for impingement syndrome of the right shoulder is granted. The Board found that his informal claim was received by VA on March 15, 2004, and he satisfied the schedular criteria for a 10 percent rating as of that date.

The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for erectile dysfunction, GERD, right leg disorder, circulation disorders to the hands and legs, arthritis of shoulders, and eye disorder were all denied as they are not related to service or due to a service-connected condition.

The Board found that the Veteran's left shoulder disability is not proximately due to or the result of her service-connected right shoulder disability. The TDIU claim was also denied as her service-connected disability alone does not render her unemployable.

The Veteran's claim for an increased rating for his left shoulder disability was denied, and the effective date for the assignment of a 30 percent rating was set at October 1, 2009.

The Board has reopened the Veteran's previously denied claims for service connection for bilateral carpal tunnel syndrome, left shoulder condition, right knee disorder, and cervical spine condition. However, it finds that there is insufficient evidence to establish a nexus between the Veteran's current tinnitus and his in-service noise exposure or any other incident of service.

The Board finds that an initial rating in excess of 10 percent for the Veteran's left shoulder disability, for the period from May 17, 2005 to November 15, 2007, is not warranted based on the evidence of record.

The Veteran's claims for service connection for right shoulder pain, right hand pain, and low back pain were denied as there was no current disability. The claim of service connection for a right ankle disability is pending.

The Veteran's appeals for service connection and increased ratings were denied. The Board dismissed the appeal due to the Veteran's death.

The Board found that the Veteran's claimed disabilities were not incurred or aggravated by service and denied his claims.

The VA denied a higher initial rating for left shoulder arthritis, finding that the condition does not warrant a rating in excess of 10%.

The Board denied the Veteran's claim, finding that there was no clear and unmistakable error (CUE) in the March 8, 1990 rating decision that reduced his disability ratings for post-operative recurrent dislocations of the right shoulder and left fifth metatarsal fracture.

The Board found that the Veteran's tinnitus was not incurred in or aggravated by service. The right shoulder strain and low back disability issues are remanded for further examination and opinion.

The Veteran's right knee disability, prior to January 28, 2008, is rated at 20 percent. After March 1, 2009, the Veteran's right knee disability (post-total knee replacement) warrants a rating of 30 percent.

The Board denied the Veteran's claims for service connection for a right shoulder disorder and a right foot disorder, finding that new and material evidence had not been submitted to reopen these previously denied claims. The claim for PTSD was also denied.

The Veteran's left shoulder disability, which included recurrent dislocations and limited range of motion, was found to be productive of infrequent recurrences with pain and limited function. The current evaluation of 20 percent is deemed insufficient given the Veteran's symptoms and findings.