Shoulder decisions — 2011

The Veteran's claim for service connection is being remanded due to missing records from his military service. The VA will attempt to locate these records and provide the Veteran with a VA examination to determine if any current disabilities are related to his service.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of current disabilities.

The Veteran's claims for service connection of left shoulder disorder, cervical spine disorder, and right foot disorder are being remanded due to the need for additional development. The claim for an increased evaluation for PTSD remains pending.

The Board found the Veteran's accounts of a significant shoulder injury in service not credible and denied his claim for service connection for a right shoulder disability.

The Board has determined that there is no competent evidence of a current left shoulder disorder and the Veteran's service-connected right ankle fracture does not warrant an initial compensable evaluation.

The Veteran seeks compensation benefits under 38 U.S.C.A. § 1151 for various disabilities allegedly resulting from inadequate care at the West Haven VA Medical Center. The Board finds that further examination is needed to determine if any additional disability was proximately caused by negligence or fault on the part of VA.

The Veteran's service-connected right shoulder disability did not meet the criteria for a higher rating as it did not manifest limitation of motion midway between side and shoulder level, recurrent episodes of dislocation or subluxation, or malunion, nonunion, or ankylosis.

The Veteran's claim of entitlement to service connection for a right shoulder disorder has been reopened and is now under review. The Board finds that new evidence submitted since the October 1995 rating decision relates to an unestablished fact necessary to substantiate the claim, which is continuity of symptomatology between current disability and in-service occurrence.

The Veteran's left shoulder impingement is currently rated at 20 percent, the maximum schedular rating available.

The Board denied the Veteran's claims for service connection for chest pain, hypoglycemia, a cervical spine disability, and gastroesophageal reflux disease (GERD). The claim for an initial disability rating in excess of 10 percent for a left shoulder disability was also denied.

The Veteran's headaches have not resulted in severe economic inadaptability, and thus an increased evaluation beyond the current 30 percent is denied.

The Board has found no evidence of current disability related to the Veteran's service, and therefore denied his claim for service connection.

The Veteran's left shoulder disability was rated at 20% prior to October 7, 2010 and increased to 30% thereafter. The current rating is considered appropriate based on the severity of his symptoms.

The Veteran's service-connected laceration scars of the left calf are painful but do not exceed 12 square inches and do not cause limitation of function.,The Veteran's service-connected shrapnel wound scar on right posterior shoulder is painful, does not exceed 12 square inches, and does not cause limitation of function. Service connection for allergic rhinitis has been granted.

The Veteran's PTSD and right shoulder muscle group IV injury have been granted increased ratings, with the PTSD receiving a 70% rating.

The Board has determined that new and material evidence has been received to reopen claims for service connection for various orthopedic conditions, including back, shoulder, knee, hearing loss, and tinnitus. However, the claims are being remanded for further development, including VA examinations.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the thoracic and lumbar spine was denied. The Board found that the current disability picture did not warrant an evaluation in excess of 40 percent, as it only manifested moderate limitation of motion with mild, incomplete paralysis of the right sciatic nerve.

The Veteran's appeal was denied for various issues related to his service-connected disabilities, including right arm radial nerve neuropathy, shoulder rotator cuff repair, lumbar and cervical spine conditions, left and right knee surgeries, and GERD. The appeals were addressed in the context of initial ratings assigned.

The Veteran's claims for increased ratings and service connection were denied. The effective dates for TDIU and DEA benefits were also denied.

The Veteran's appeal was granted, and he is now rated at a 10 percent disability rating for his service-connected right shoulder rotator cuff tear, effective March 1, 2008.