Shoulder decisions — 2011

The Board has reopened the claim for service connection for residuals of a cervical spine injury, but denied service connection for residuals of a left shoulder injury due to lack of competent and persuasive evidence.

The Veteran's service-connected gunshot wound of the right shoulder, involving Muscle Groups II, III, and IV, is rated at 40 percent. The Board found that separate ratings for each muscle group are warranted due to a through-and-through injury with muscle damage.

The Veteran's claims for increased ratings and service connection have been denied.,The claim of new and material evidence to reopen a left knee disability has also been denied.

The Board has dismissed the appellant's appeals on all issues except for the issue of an earlier effective date for service connection for tinnitus. The claim was denied as there is no evidence showing that the Veteran raised a claim within one year of his discharge from service, and the RO did not have notice of any pertinent evidence prior to July 10, 2008.

The Board denied an increased rating for the Veteran's left shoulder recurrent dislocation with arthritis, currently rated at 20 percent. The issue of TDIU was not addressed in this decision.

The Board has reopened the Veteran's claim of entitlement to service connection for right shoulder disability and granted it. The Veteran's left ankle injury residuals with degenerative joint disease is currently rated at 20%.

The Board found no evidence of a current disability related to the Veteran's claimed bilateral shoulder and hip disorders, as there were no complaints or findings in service. The VA examination did not find any objective abnormalities. Therefore, the claims for service connection are denied.

The Veteran's initial claim for a higher rating for left shoulder bursitis was denied prior to July 21, 2009. However, his claim for an increased evaluation from that date has been granted.,PTSD was initially granted with a 50 percent evaluation.

The Veteran's appeal is remanded due to the need for a more recent VA rating examination and clarification of his current treatment records. The case will be reconsidered after these actions.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations to assess his current disabilities.

The Veteran's left shoulder disability is not separate from her service-connected cervical radiculopathy.,The Veteran experienced headaches in service and has post-service continuity of symptomatology, meeting the criteria for service connection.

The Veteran's claim for service connection for bilateral hearing loss disability was denied as he does not have a current disability. The claims for acquired psychiatric disorder, left knee disability, right knee disability, left shoulder disability, and low back disability are all considered under the direct theory of service connection.

The Board has determined that a remand is necessary to obtain clarification from the December 2008 VA examiner regarding the etiology of the Veteran's left shoulder/arm disorder and to secure any outstanding MRI reports.

The Board has determined that the Veteran's claimed conditions are not related to his service and have denied all of his claims for service connection.,Specifically, the Board found no evidence of rheumatoid arthritis or tendinopathy in service and concluded that these conditions did not start during service.

The Veteran's lumbar spine degenerative disc disease with mechanical low back strain does not meet the criteria for a higher initial disability rating.,The January 2010 reduction of his right shoulder disability rating from 40 percent to 30 percent was improper, and the previous 40 percent rating is restored.

The Board found no evidence of a chronic right shoulder disability in service or within one year post-service, and the preponderance of the evidence is against a finding that the Veteran's current right shoulder disability is related to an event, injury, or disease in service.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and arranging for VA examinations to assess the nature and etiology of his claimed disabilities.

The Veteran's right shoulder disability, which was initially rated as 20 percent disabling and later increased to 40 percent prior to surgery in February 2009, is now granted a separate rating of 40 percent under Diagnostic Code 5201 for limitation of motion. The original 20 percent rating remains protected.

The Veteran's appeal has been withdrawn and the Board does not have jurisdiction to review it.

The Board denied the Veteran's claims of service connection for muscle spasms of the chest and shoulder, posttraumatic stress disorder, and a low back disability. The decision also referred the issue of whether new and material evidence has been presented to reopen a claim of service connection for a cervical spine disability to the RO.