Shoulder decisions — 2011

The Board denied service connection for cervical spine and shoulder disorders, finding that the Veteran's conditions were not incurred in or aggravated by active military service and are not due to his service-connected lumbar spine disability.

The Board has determined that the Veteran's claimed back, right knee, left knee, right hand, right shoulder, and left shoulder disorders were not incurred or aggravated during service. The claims are therefore denied.

The Veteran's arthritis of the cervical spine is service-connected, and he has a noncompensable rating for facial numbness. The scars from his surgeries are rated at 30 percent.

The Board has determined that the Veteran's bilateral shoulder arthritis is related to service, and thus grants service connection for this condition.

The Veteran's appeal is remanded due to the need for a new VA examination and additional VA treatment records. The issue of entitlement to an increased disability evaluation in excess of 20 percent for his service-connected left shoulder disorder will be reconsidered after these actions.

The case is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a new VA examination to assess his service-connected right knee, left knee, and right shoulder disabilities.

The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and he did not meet the requirement of being a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Veteran's service-connected degenerative joint disease of the left knee has been manifested by mild degenerative arthritis shown by x-ray evidence, extension to 0 degrees, and limitation of flexion at most to 120 degrees with subjective complaints of pain.,From June 19, 2007, the Veteran's left knee has demonstrated mild instability.

The Board has determined that the Veteran's claimed disabilities are not related to his active military service and have therefore denied these claims.

The Board found that the Veteran's left shoulder disability warranted a 20 percent rating since September 26, 2008, and denied his claim for an increased rating.

The Veteran's degenerative joint disease of the left shoulder was not incurred during or as a result of his military service, including as due to a gunshot wound suffered in 1956. The Board found no credible evidence supporting these claims and thus denied the claim.

The Veteran has a current diagnosis of right shoulder sprain contusion type, which is considered service-connected as it is related to his in-service accident. The Board finds that the evidence supports granting service connection for this condition.

The Veteran's initial claim for a higher evaluation for degenerative joint disease of the left knee was denied. The condition was rated at 10 percent from April 1, 2004 to September 6, 2007.,For his status post total left knee replacement, the Veteran's claim for an increased rating beyond 30 percent is also denied.

The Board has determined that the Veteran's residuals of right shoulder injury do not warrant an evaluation in excess of the initial 10 percent assigned, as his disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's bilateral foot arthritis is granted as secondary to a service-connected disability. The claims for anemia, diverticulosis, coronary artery disease, peripheral vascular disease, and osteoarthritis of the hips, legs, arms, and shoulders are all denied. Service connection for hives has been reopened based on new evidence.

The Veteran's service-connected right shoulder injury is currently manifested by a limitation of function due to pain, which more nearly approximates that of flexion limited to mid-way between the side and shoulder level. The Board has determined that a rating of 30 percent is warranted under Diagnostic Code 5201.

The Board has determined that the Veteran's claimed left shoulder and clavicle disorder, as well as his left ankle disorder, are not related to his active military service. The claims for these conditions have been denied.

The Veteran's claims for service connection for headaches and chronic pain, as well as an increased evaluation for PTSD with a prior effective date are being remanded due to the need for additional development.

The Veteran's claims for service connection for various conditions, including recurrent subluxation of the shoulders, carpal tunnel syndrome, elbow disorders, cervical and lumbar spine disorders, fibromyalgia, and skin problems due to shaving, have been denied. The evidence does not establish that any of these conditions were incurred or aggravated by military service.

The Veteran's left shoulder disorder, diagnosed as left shoulder impingement and degenerative joint disease, was incurred in service. The Board found that the presumption of soundness did not apply due to a preexisting condition aggravated by active duty.