Shoulder decisions — 2011

The Board has determined that the Veteran's right shoulder disability and rheumatoid arthritis did not have their onset or increase in severity during active duty, ACDUTRA, INACDUTRA, or due to injury during INACDUTRA. As such, service connection for these conditions is denied.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability evaluations under applicable rating criteria.

The Veteran's claims of service connection for his left shoulder tear, cervical radiculopathy, and cervical myositis are being remanded due to the need for additional development including obtaining VA treatment records and affording the Veteran a VA examination.

The Veteran's appeal is being remanded for additional development of her treatment records from CORA Rehabilitation Clinic, Dr. Augustine Joseph, and Dr. Khurshid Ahmen.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing before a Veterans Law Judge. The case will be rescheduled for the appropriate type of hearing.

The Board has remanded the case for additional development, including obtaining a VA examination and addressing the Veteran's claims for service connection and an increased rating for his shoulder conditions.

The Board is remanding the claims for service connection for left and right knee disorders, left and right shoulder disorders, headaches, vertigo, and hearing loss to the RO via the AMC for further development before readjudicating these claims on their underlying merits.

The Board found no evidence to support the Veteran's claims for service connection for a right shoulder disorder and fibromyalgia, as both conditions did not onset during or within one year after his military service. The Veteran's testimony regarding causation was deemed unreliable.

The Board has not made a determination on the service connection for cervical spine, DDD due to conflicting medical opinions. The right shoulder disorder claim is denied as there is no current diagnosis.

The Veteran's service-connected bursitis of the right and left shoulders are currently rated at 30 percent and 20 percent, respectively. The Board has determined that these ratings do not meet the criteria for an evaluation in excess of 30 percent for the right shoulder or 20 percent for the left shoulder.

The Veteran's combined service-connected disability rating from January 1, 2007 is 60 percent. The medical evidence does not demonstrate that his service-connected epilepsy, left shoulder rotator cuff tear, L5-S1 degenerative disc disease, and tinnitus alone render him unable to secure or follow a substantially gainful occupation.

The Board has reopened the Veteran's claim of service connection for a left shoulder disability due to new and material evidence submitted since the July 2005 rating decision. The claim is being remanded for further development, including a VA examination.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes was denied, as his disability did not meet the criteria for a higher evaluation. The claims for service connection of cervical spine and left arm/shoulder disabilities were also denied.

The Board finds that the Veteran's right shoulder disability, manifested by residuals of a strain, is due to an injury sustained during his period of active service. The claim for service connection for back disability has been reopened and granted. However, new and material evidence was not presented to reopen claims for left shoulder disorder and right ankle disorder.

The Board has denied the Veteran's claims for service connection for right hand, left hand, and left shoulder disabilities secondary to his service-connected right shoulder disability. The Veteran's increased evaluations for chronic bicep tendonitis (dominant) and tender scar of the right shoulder have been granted.

The Board has remanded the case for additional development due to outstanding VA Medical Center records and other necessary actions.

The Veteran's left shoulder disability, including impingement syndrome and degenerative joint disease of the A/C joint, is currently rated at 20 percent. The Board finds that a higher rating is not warranted based on the current evidence.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining medical records and attempting to obtain worker's compensation information.

The Veteran's appeal is being remanded due to a request for a hearing before the Board of Veterans' Appeals. The case will be returned to the RO for scheduling a video conference hearing.

The Board has determined that additional development is needed to determine whether the Veteran's bilateral shoulder disability and hip replacements are related to his service-connected systemic lupus erythematosus, and if so, whether VA provided proper care. The case will be remanded for this purpose.