Shoulder decisions — 2011

The Veteran's positive PPD test is not considered a disability for VA purposes, and service connection cannot be granted.

The Veteran's appeal for service connection on all issues except migraine headaches has been withdrawn. The Board grants service connection for migraine headaches.,The Veteran reported experiencing headaches since childhood, but her current diagnosis is of a chronic condition that began in service and resolved with pregnancy.

The Veteran's compensation benefits were reduced due to his incarceration. The Board found that the reduction was proper, but noted insufficient evidence regarding the date of conviction and remanded for further development.

The Veteran's claims for increased ratings for his right shoulder, knee, and ankle disabilities are being remanded to allow for additional examination and development of the record.

The Veteran's claims for service connection for arthritis of the left shoulder, right ankle and sinusitis were denied as there is no evidence of current disability or in-service incurrence.

The Board has granted service connection for right ear hearing loss and bilateral shoulder disorders. The Veteran's right ear hearing loss is presumed to have been incurred in service due to noise exposure, while his left and right shoulder disorders are considered direct service connections based on the evidence of record.

The Veteran's initial claims for higher evaluations were denied. The Board found that the evidence did not support a finding of entitlement to any higher ratings.,Service connection was established, but no higher initial evaluations could be granted as the evidence did not meet the criteria for such.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the severity of his service-connected right shoulder and back disabilities. The case will be processed as though the request for a hearing was withdrawn.

The Board has determined that the Veteran filed timely NODs regarding his claims for service connection for various conditions, including bilateral hearing loss, cervical spine injury, right shoulder injury, thoracic and lower lumbar spine injury, left knee injury, and right knee injury. The appeal is granted.

The Veteran's right shoulder disability is service-connected as secondary to his cervical spine disability. The initial rating for the cervical spine disability remains at 20 percent.

The Board denied the Veteran's claims for service connection for left knee arthralgia, right shoulder myofascitis, and mid-thoracic and lumbar back spasms due to lack of evidence linking these conditions to his military service.

The Board has remanded the case due to incomplete service records and the need for further medical examinations. The Veteran's claims for back disability and bilateral shoulder disability are pending.

The Board finds that the Veteran does not have a current left arm and shoulder condition, and thus service connection for this condition is denied. The claims of entitlement to increased ratings for residuals of right clavicle fracture and service connection for migraine headaches and GERD are also denied.

The Veteran's appeal for service connection for residuals, artillery shell shrapnel wound, left shoulder area is being remanded due to the need for clarification regarding his request for a hearing. The issue of service connection remains under review.

The Veteran's claims for increased evaluations of his service-connected lumbar spine, right shoulder, hypertension, and TMJ disabilities were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's right shoulder disability, status post right shoulder replacement, does not meet the criteria for a higher rating than 30 percent.

The Board denied the Veteran's request for an earlier effective date for service connection and a higher initial rating, finding that the earliest pending application was received on March 8, 2005.

The Board has determined that the Veteran's service-connected left shoulder arthritis and right knee pain do not warrant a disability rating higher than 10 percent, as there is no evidence of limitation of motion or other disabling pathology beyond what is contemplated by the current 10 percent ratings.

The Board has determined that there is no current evidence of bilateral hearing loss or a left shoulder disability for VA purposes, and thus the Veteran's claims for service connection are denied.

The Board has remanded the case due to the Veteran's inability to appear for a previously scheduled hearing and requests for rescheduling. The claims are now pending before the RO.