Shoulder decisions — 2011

The Board denied the Veteran's claims for service connection for various conditions, including psychiatric disorders, sleep disorder, headaches, breathing problems (asthma), bilateral shoulder disabilities, ankle disabilities, and knee disabilities, all of which were claimed as due to Persian Gulf War undiagnosed illness. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has determined that the Veteran's current cervical spine disability, chronic headaches, and bilateral shoulder disability are related to his military service. The appeal is granted.

The Veteran's service-connected disabilities, including PTSD with depression and multiple amputations, have rendered him unable to use his arms at or above the elbow. As a result, he meets the criteria for specially adapted housing.

The Board has remanded the case due to incomplete records and the need for additional examinations.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of a left shoulder injury. The Veteran's lumbosacral spine disability is found to be related to his military service, with reasonable doubt resolved in favor of the Veteran.

The Board has determined that the Veteran's current bilateral shoulder disability is not related to service and therefore denied his claim for service connection.

The Board has determined that the Veteran's account of his in-service shoulder injury is accurate and credible, linking a current right shoulder disability to that incident. Therefore, service connection for a right shoulder condition is granted.

The Board has determined that the Veteran's left shoulder disorder was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's GERD, left shoulder disability, and degenerative disc disease of the lumbar spine were granted service connection. The effective date for these conditions is set at June 1, 2006.

The Veteran's left shoulder disability, post-operative rotator cuff repair, was granted with a 10% evaluation from March 2, 2006 to February 4, 2010.

The Veteran's appeal is being remanded for further development, including obtaining updated VA examinations and a Social and Industrial Survey to assess the impact of his service-connected disabilities on his employability.

The Veteran's right shoulder disability was rated at 20 percent prior to May 21, 2009 and upgraded to 30 percent thereafter. The Board found that the evidence did not support a higher rating from May 22, 2009 onwards.

The Veteran's claims for service connection have been reopened, and the Board finds that new and material evidence has been submitted to support his claims. The effective date of service connection is not addressed in this decision.

The Veteran's appeal is being remanded due to the failure to provide adequate notice and scheduling of VA examinations for his claimed conditions. The case will be reviewed again after these issues are addressed.

The Veteran's claims for increased ratings for his service-connected right shoulder bursitis, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been denied. The RO found that the severity of these conditions did not warrant higher disability ratings.

The Board has determined that the Veteran's current left shoulder disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's current right shoulder disability, diagnosed as arthritis, bursitis, and degenerative tendinosis of the supraspinatus tendon, is not considered to be related to his military service.

The Board found that the Veteran's current left shoulder disability, diagnosed as a rotator cuff tear, was not incurred in or related to his active military service. Degenerative joint disease may not be presumed to have been incurred during military service.

The evidence does not support an evaluation in excess of the current 40 percent rating for recurrent dislocation of the right shoulder.