Shoulder decisions — 2010

The Veteran's claims for service connection are being remanded due to insufficient VCAA notice and the need to locate his missing service treatment records.

The Board has determined that the Veteran does not have current diagnoses of a right shoulder or right heel disorder and therefore, service connection for these conditions is denied.

The Veteran's claim for nonservice-connected pension benefits was denied due to the absence of service connection for any disabilities. The Board has ordered a remand to obtain additional medical records and conduct further examinations to assess the impact of his nonservice-connected conditions on his ability to work.

The Veteran's claims for service connection for right shoulder, elbow, and hand disabilities were denied as there is no competent evidence of record that these conditions are related to his military service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for a compensable evaluation under applicable VA rating criteria.

The Veteran's claims were denied due to lack of new and material evidence for his service connection claims for right wrist, neck, low back, and left shoulder conditions. His headaches and left wrist condition were granted a 10% disability rating.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including obtaining relevant treatment records and scheduling VA examinations.

The Veteran's appeal is being remanded to obtain clarifying evidence regarding the cause of his claimed left shoulder and low back disabilities, as well as to schedule a VA examination.

The Board has determined that the Veteran's right shoulder disability, which includes posterior capsular shift and recurrent posterior instability, was incurred in service. Service connection is granted.

The Board found that the reduction of a 20 percent disability rating for DJD to the right shoulder to a 10 percent rating effective September 2007 was proper based on clinical findings regarding the Veteran's range of motion.

The Veteran's appeal is being remanded to obtain a Statement of the Case on his claim for an increased rating for left thoracic outlet syndrome and to schedule him for VA examinations to determine the nature and etiology of his claimed shoulder and cervical spine disorders.

The Veteran meets the criteria for special monthly pension based on a need for aid and attendance due to his service-connected disabilities, including heart disease with coronary artery disease and moderate to severe heart failure. He also qualifies for housebound benefits as he is over 65 years old and has multiple service-connected conditions that independently rate at or above 60 percent.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a new examination to assess the current severity of the Veteran's left shoulder disability and whether any cervical spine disability is related to service-connected conditions.

The Veteran's service-connected disabilities, particularly lumbar DDD with mechanical low back pain, result in the need for regular aid and attendance of another person. The Board finds that the criteria for special monthly compensation based on the need for regular aid and attendance have been met.

The Veteran's left knee condition is currently rated at 10 percent, but no higher. The combined disability of the right and left shoulders warrants a 10 percent rating as separate disabilities are not more than zero percent.,Gastroesophageal reflux disease (GERD) does not warrant an initial compensable rating. Hypertension also does not meet the criteria for an initial compensable rating.

The Board found that there is no competent medical evidence indicating a causal relationship between the Veteran's claimed conditions and his military service, except for tinnitus. Therefore, service connection was denied for all other conditions.

The Board has denied the Veteran's claims for service connection of a groin condition and left shoulder condition. The scars to the left eyebrow, right knee, and left chin area are not considered incurred in or related to his active service.

The Veteran's death was not service-connected, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board found that the Veteran did not meet the durational requirement for a total disability rating at the time of his death, nor would he have been in receipt of such compensation due to clear and unmistakable error (CUE) in prior decisions. Therefore, DIC benefits were denied.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board.

The Veteran's claims for increased ratings and service connection were denied. The Board found no objective pathology in the Veteran's hands or elbows, except for some mild scar tissue formation on his right hand. His left hand disability was not shown to be related to military service.