Shoulder decisions — 2011

The Board has determined that additional development is needed to obtain the Veteran's complete service personnel records and clinical treatment records, as well as to provide her with a VA examination to determine the nature and etiology of any current back, left shoulder, and right knee disorders.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a right shoulder disability. However, after reviewing all available evidence, including VA outpatient treatment records, MRI reports, examination findings, and the Veteran's statements, the Board finds no direct or presumptive link between the current right shoulder disability and active duty service.

The Veteran's claims for service connection for a left shoulder disorder, right shoulder disorder, and respiratory disability (COPD) are denied as there is no evidence of current disabilities or a causal relationship to service. The claim for service connection for cervical and lumbar spine conditions remains pending.

The Veteran's appeal was denied as his muscle/nerve impairment did not meet the criteria for a higher rating than 20 percent.

The Board has granted service connection for left knee osteoarthritis, right shoulder rotator cuff tendonitis, and cervical spondylolisthesis, degenerative disc disease, and neuroforaminal narrowing. The Veteran's current conditions are deemed to be directly related to his military service.

The Board has denied the Veteran's claims of service connection for impotence, right shoulder disorder, and bilateral hearing loss. The appeals were based on secondary service connection theories.

The Board has determined that the Veteran does not have current disabilities for which service connection can be granted, specifically left ear hearing loss, a neck disorder, and right shoulder and left shoulder disorders. The evidence does not support finding these conditions were incurred in or aggravated by military service.

The Veteran has established entitlement to service connection for residuals of a right shoulder sprain, but not for any other claimed conditions. The Board finds that the evidence does not support the existence of current disabilities related to his reported injuries in Iraq.

The Veteran's initial ratings for his left shoulder strain and partial amputation of the right 4th finger have been granted, with a 10 percent rating assigned for each condition.

The Board found no nexus between the Veteran's inservice shoulder complaint and his current right shoulder disability, thus denying service connection.

The Veteran's claims for service connection were granted, with the exception of his claim for bilateral hearing loss. The remaining claims were granted based on presumptive service connection due to exposure in the Gulf War Theater.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, knee disorders, shoulder disorders, elbow disorders, wrist and hand disorders, low back disorder, right ankle disorder, and TMJ (chronic pain), were denied as these conditions are not shown to be related to his military service.

The Board has remanded the case due to incomplete service treatment records and a need for additional development of the Veteran's claims.

The Board denied the Veteran's claims for service connection for carcinoma of the nose and a right shoulder disability, finding that there was no evidence linking these conditions to his active service or any presumptive exposure to herbicide agents. The claim for carcinoma of the nose was based on presumed Agent Orange exposure but the medical evidence did not support this claim. The claim for the right shoulder disability lacked competent medical evidence connecting it to a service-connected condition.

The Board has found service connection for the claimed conditions, with resolution of doubt in favor of the Veteran. The criteria for secondary service connection are met.

The Veteran's right shoulder disability is found to be related to his active service, and the claim for service connection is granted.

The Veteran's claims for service connection were denied due to lack of new and material evidence. The Board found that the submitted statements were duplicative.

The Veteran's left shoulder disability is currently evaluated at 20 percent, and the Board finds that an increased evaluation is not warranted based on current evidence.

The Veteran's right shoulder disability has been rated at 30 percent since August 5, 2004. The Board denied an increased rating and did not assign an earlier effective date.

The Board has determined that the Veteran does not have current diagnosed underlying conditions for her claimed back pain, bilateral shoulder pain, and headaches. As such, she is denied service connection for these conditions.,For her adjustment disorder with depression, the Board notes that while there was in-service treatment for depression, no opinion could be provided regarding whether it is at least as likely as not related to service.