Shoulder decisions — 2011

The Board has remanded the case due to issues with service connection for cervical spine and left shoulder disabilities, including a need for additional development of evidence.

The Veteran's appeal is being remanded to schedule a Travel Board hearing at the RO in San Antonio, Texas. The Veteran did not report for his scheduled August 2011 hearing due to incorrect address information.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for a medical opinion regarding whether his additional disability was caused by VA carelessness, negligence, or error in judgment.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran has current disability of the right shoulder related to his period of active service.

The Veteran's service-connected post-operative residuals of a left shoulder dislocation are currently rated at 30 percent, and the Board finds that this rating is appropriate given his moderately severe injury to Muscle Group I.

The Veteran's claim for residuals of heat exhaustion was denied as there is no evidence of a current disability. Claims for cellulitis, right ear disorder, upper spine disability, and hypertension are pending.

The Veteran's right shoulder disability is rated at 20 percent, the highest available rating under Diagnostic Code 5201 for limitation of motion to 120 degrees with pain and weakness causing additional limitation of motion above the shoulders.

The Board has determined that the Veteran's left shoulder disability did not begin in service and is not shown by competent evidence to be causally related to any incident of service, including as secondary to his service-connected right wrist disability.

The Veteran's service-connected right shoulder degenerative joint disease, bilateral heel spurs and pes planus, and residuals of a shell fragment wound to the right hand and forearm are each rated at 10 percent. The Veteran does not meet criteria for higher ratings under any applicable diagnostic codes.

The Veteran's appeal is remanded due to the need for a VA examination and additional development of his claims file. The issue remains about entitlement to a rating in excess of 10 percent for left shoulder dislocation.

The Board has determined that new and material evidence has been received to reopen claims for service connection for chronic fatigue syndrome, biceps tendonitis (right shoulder pain), left shoulder disorder, and memory lapses. The effective dates of these reopened claims are not addressed in this decision.

The Veteran's service-connected disabilities, including PTSD and multiple physical injuries, preclude him from engaging in substantially gainful employment. The Board finds that the criteria for a TDIU have been met.

The Board found that the Veteran's fatal subdural hematoma was not directly related to a disease or injury in service, and thus denied his claim for service connection for the cause of death.

The Board denied the Veteran's claims to reopen his service connection claim for a right shoulder disorder and denied all other issues on appeal. The decision is final as it was made in June 1998.

The Veteran's service-connected major depressive disorder substantially or materially contributed to his death, and the Board finds that there is evidence to establish service connection for the cause of the Veteran's death.

The Board denied the Veteran's service connection claims for various conditions, finding that they were not incurred in or aggravated by his military service.

The Veteran's appeal is remanded due to his failure to appear at a scheduled Travel Board hearing. He was previously granted service connection for left shoulder dislocations and denied service connection for hypertension, gout, right wrist condition, left wrist condition, right ankle condition, left ankle condition, and left leg condition.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining SSA records and providing a PTSD personal assault notice and questionnaire.

The Board has found new and material evidence in some of the Veteran's claims, but not all. Service connection for a right shoulder disorder is reopened, while service connection for left shoulder disorder, thoracic spine disorder, and lumbar spine disorder remains denied.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the severity of his service-connected disabilities, as well as to address the etiology of his bilateral hearing loss and tinnitus. The claims will be readjudicated after these actions.