Shoulder decisions — 2011

The Veteran's service-connected lumbar spine, right shoulder, and knee disabilities are not rated higher than the current 40 percent for lumbar spine degenerative joint disease.

The Board has remanded the case due to insufficient evidence regarding the Veteran's periods of active duty, ACDUTRA, and/or INACDUTRA. The claim for service connection for a right shoulder disorder will be reconsidered after all necessary development is completed.

The Board found that the Veteran's bilateral knee and left shoulder disorders were not incurred or aggravated by his active duty service, as they pre-existed service and were not worsened by military activities.

The Board found no evidence of a current right shoulder disability that is related to service, and denied the Veteran's claim for service connection.

The Board has granted a 20 percent disability rating for the Veteran's service-connected left shoulder dislocation, effective from the date of the October 2008 rating decision.,The Board has also granted a noncompensable (zero percent) disability rating for the Veteran's service-connected ruptured right quadriceps muscle disability, effective from the date of the October 2008 rating decision.

The Board finds that there is no evidence to support the Veteran's claim of a neurological condition of the cervical spine, right shoulder, and right arm being proximately due to VA carelessness or negligence in performing an EMG procedure in October 2005. The preponderance of the evidence does not support this claim.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of the Veteran's right knee condition and left shoulder condition.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has dismissed the appeals for service connection for a sleep disorder, sinusitis, and left ankle sprain as these issues have been withdrawn by the Veteran. The remaining claims of entitlement to initial disability evaluations for bilateral hearing loss, residuals of bunionectomy of the left foot, residuals of bunionectomy of the right foot, and impingement syndrome of the left shoulder (dominant) wrist are denied.

The Board has denied the Veteran's claims for initial evaluations in excess of 10 percent for left shoulder reconstruction and residuals of a left elbow fracture, as well as his claim for service connection for bilateral pes planus. The appeal is dismissed due to withdrawal by the appellant.

The Veteran's left shoulder disability is rated at 30 percent, effective December 1, 2009. The rating reflects ankylosis with abduction limited to 80 degrees and internal rotation limited to 90 degrees.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination to determine the nature and etiology of her right upper extremity disability.

The Veteran is seeking a higher evaluation for his service-connected left shoulder disability. The Board has determined that the case should be remanded to allow for further development, including a VA examination and consideration of any additional evidence.

The Veteran withdrew his appeal for the service connection claims for a left leg scar, right knee disability, right hand scar, scar from spider bite, and left shoulder disability. The Veteran also withdrew his appeals for increased ratings for hypertension and bilateral hearing loss.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including obtaining his in-service medical records and private treatment records. Additionally, VA examinations are required for the Veteran's right shoulder disorder, bilateral shin disorders, left ankle disorder, and bilateral knee disorders.

The Veteran's right shoulder disorder and hypertension have been rated appropriately, with a higher rating granted for the right shoulder disorder effective November 14, 2009. Service connection has not been established for Type II diabetes mellitus.

The Board found that the applicable rating criteria reasonably describe the disability picture of the Veteran's post-operative right shoulder impingement syndrome (minor) and that there was no evidence showing marked interference with employment in excess of what is contemplated by the rating schedule, frequent periods of hospitalization, or other evidence rendering impractical the application of the regular schedular standards. Therefore, an extraschedular evaluation in excess of 30 percent for post-operative right shoulder impingement syndrome (minor) has not been met.

The Board denied the Veteran's claims for service connection for hemochromatosis and osteoarthritis of the shoulders and hands, finding that his condition did not pre-exist service or worsen during service. The arthritis was attributed to his underlying hemochromatosis.

The Veteran's claim for service connection for sinusitis is granted. The Board finds that his pre-existing sinusitis condition was aggravated by military service, and he is entitled to a grant of service connection based on aggravation.

The Board has granted the reopening of the Veteran's claim for service connection for a left shoulder disability, and is now considering whether new evidence supports this reopening.