Shoulder decisions — 2011

The Board denied service connection for left shoulder and bilateral hand disabilities, finding no evidence of a link between these conditions and the Veteran's military service.

The Veteran's service-connected scars have been evaluated as noncompensable throughout the appeal period. The RO has determined that none of the conditions meet the criteria for a compensable evaluation.

Service connection was granted for left shoulder, cervical spine, and thoracolumbar spine disorders effective June 3, 1998.,The Veteran's claims were denied initially in February 1994.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining National Guard records and VA treatment records.

The Board has remanded the Veteran's claims for additional development due to the need for VA examinations and consideration of new evidence.

The Veteran's right shoulder disability is currently rated at 30 percent, and her tinea versicolor of the face and thorax is currently rated at 10 percent. Both conditions do not meet criteria for higher ratings under current rating criteria.

The Veteran's claims for service connection for Merkel cell carcinoma of the right thigh, residuals of surgical resection of the sentinel lymph node of the right groin (claimed as secondary to Merkel cell carcinoma), and skin cancer of the left chest, upper and lower back, right shoulder, right neck, and right ear are all granted.

The Veteran's left shoulder disability is rated at 40 percent, the highest available rating under DC 5201, for limitation of motion of the arm. This rating applies both prior to and since January 16, 2010.

The Board denied the claim that the Veteran's sudden cardiac death was due to a service-connected disability, as there is no evidence showing any disease or injury incurred in service caused his death.

The Veteran's right shoulder tendonitis with biceps tendon rupture is rated at 30 percent from July 18, 2005 forward.

The Veteran's claim for a higher initial evaluation for migraine headaches has been granted, with the rating now at 30 percent. The other claims remain pending.

The Board has determined that additional development is necessary prior to the adjudication of the claim, including obtaining private treatment records from Kaiser Permanente and any disability benefits records from Social Security Administration.

The Board has determined that the Veteran does not have a current bilateral knee or right shoulder disability that is related to his active service. The Veteran's current disabilities are considered to be due to natural progression and do not appear to be directly linked to military service.

The Board has remanded the Veteran's claims for neck and right shoulder conditions due to a lack of medical opinion regarding whether her disabilities are related to service or pre-existed service.

The Veteran's claim for a higher rating for his left shoulder condition is being remanded due to the failure of the Veteran to report for VA examinations and because he was seeking treatment for substance abuse at the time.

The Veteran's initial ratings for his service-connected left shoulder disability and postoperative residuals of a right inguinal herniorraphy were denied as the evidence did not warrant an increased rating.

The Board has determined that new and material evidence was submitted to reopen the claims for service connection for neck and right shoulder disorders. The Veteran's in-service fall did not result in any injuries, and there is no medical evidence of a chronic condition related to his current symptoms.

The Veteran's service-connected left shoulder degenerative joint disease does not manifest limitation of motion consistent with an increased rating under Diagnostic Code 5201, and therefore the claim for a higher initial rating is denied.

The Veteran seeks compensation for osteoarthritis of the left shoulder, neck, and thoracic joint (chest and ribs) claimed as secondary to injury to the thoracic muscles with resection of 4th rib. The case is remanded due to inadequate examination in determining if there was aggravation.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a right upper arm disability, left ulnar neuropathy, low back disability, bilateral shoulder disability, bilateral leg disability, forehead cyst, and neurological disability of the left hand. However, after review of all available evidence, including service records and post-service medical records, the Board finds that there is no credible evidence establishing a link between these disabilities and active duty service.