Shoulder decisions — 2011

The Veteran's claims for higher ratings for his service-connected disabilities have been denied. The left shoulder disability is currently rated as 10 percent disabling, while the other conditions remain noncompensably disabling.

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records. The Veteran's claims of entitlement to service connection for residuals of compression fractures of the thoracic spine and a pinched nerve in the left shoulder are being reviewed.

The Board found that the Veteran's bilateral knee and right shoulder disabilities were not incurred in or aggravated by service, as there was no evidence of an in-service injury or disease. The current disabilities are considered to be unrelated to his military service.

The Board denied the Veteran's claims for service connection for facial burns, pseudofolliculitis barbae, sinusitis, carpal tunnel syndrome (cervical radiculopathy), skin pruritus, rheumatoid arthritis with bone spurs of the right shoulder, and a rating in excess of 10 percent for hemorrhoids. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected disabilities do not preclude gainful employment consistent with his education and occupational experience.

The Veteran is unable to secure or follow a substantially gainful occupation due solely to impairment resulting from his service-connected disabilities, and the Board finds reasonable doubt in favor of this determination.

The appellant's service-connected L1-L2 fusion and cervical spine conditions are currently rated at 20%.,For the period from July 16, 2005 through May 30, 2009, the appellant's cervical spine condition is rated at 10%. From May 31, 2009, it is rated at 20%,From March 1, 2010, the appellant's right shoulder condition with post-operative decompression is rated at 20%.,The appellant's service-connected cervical spine condition was not increased beyond 10% prior to May 31, 2009 and remains at 10%. The current rating of 20% for the period from May 31, 2009 is appropriate as it reflects the severity of his disability.,The appellant's service-connected right shoulder condition with post-operative decompression was not increased beyond 10% prior to December 14, 2009 and remains at 10%. The current rating of 20% for the period from March 1, 2010 is appropriate as it reflects the severity of his disability.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment.

The Board has determined that the Veteran's right shoulder disability was not incurred or aggravated by his period of active military service and therefore denied his claim for service connection.

The Board has determined that the Veteran's right shoulder or arm disorder did not develop in service and is not related to his smoking. The claims for blocked arteries and bladder cancer due to smoking are denied as a matter of law.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his unemployability is due to his service-connected conditions. The case is REMANDED for further consideration on an extraschedular basis.

The VA is remanding the case for scheduling a Travel Board hearing before a Veterans Law Judge at the RO. The appellant's request for additional evidence will be addressed after the hearing.

The Board has remanded the Veteran's claims for a VA examination to determine if his current right knee and right shoulder disabilities are related to service. The Veteran contends that he sustained injuries during basic training, but the service treatment records were lost.

The Board is remanding the Veteran's claims for further development, including obtaining additional medical records and scheduling new VA examinations to determine the nature and etiology of his right shoulder injury and low back disability.

The Board found that the Veteran's service-connected disabilities did not render him unemployable, as his inability to work was due to non-service connected hypertension. The criteria for a TDIU were therefore not met.

The Board has denied the appellant's claim for recognition as a helpless child due to her not being permanently incapable of self-support prior to attaining the age of 18 years, based on evidence showing she was able to work and obtain an associate's degree.

The Veteran's skin disabilities, including actinic keratosis and atypical moles, were not shown to be related to his active service or exposure to Agent Orange. The Board denied the claims for service connection.

The Veteran's left shoulder disability, manifested by pain and decreased range of motion but not to the level of a shoulder-level limitation, is currently rated at 10 percent under Diagnostic Code 5203. The claim for an evaluation in excess of 10 percent has been denied.

The Veteran's tinnitus was found to be related to his period of active service, and the Board granted service connection for this condition. The other claims were not addressed in detail.

The Veteran seeks service connection for cervical spine and left shoulder disorders, which he attributes to an in-service injury. The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with a VA examination.