Shoulder decisions — 2011

The Board is remanding the case to obtain additional information and evidence for the claims of service connection for a psychiatric disorder and a right shoulder disorder. The Veteran must be provided with adequate notification in accordance with Kent v. Nicholson, including information about the rationale behind the August 1988 Board decision.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for additional development, including obtaining his Vocational Rehabilitation folder and a VA examination to assess the combined impact of his service-connected disabilities on his employability.

The Veteran's sleep disorder, specifically insomnia, is considered to be a result of his service-connected right shoulder disability. The Board has granted the claim for service connection on the secondary basis.

The Board has reopened the Veteran's claim for service connection for a right shoulder disorder and granted it, finding new evidence that relates to an unestablished fact necessary to substantiate the claim.

The Veteran's claims for service connection for a right eye disorder, psychiatric disorder (anxiety), and injuries sustained in a jeep accident are denied as the evidence does not support a finding of service origin.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to additional right shoulder disability resulting from VA treatment was granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA dermatology consultation records and scheduling the Veteran for examinations to assess his right wrist disability and service-connected keratotic lesions.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling VA examinations to assess his service-connected conditions.

The Veteran's service-connected right shoulder disorder is currently rated as 10 percent disabling, the highest possible rating under Diagnostic Code 5003.

The Board has granted the Veteran's petitions to reopen his previously denied claims for service connection for right shoulder impingement syndrome, patellofemoral syndrome of the right knee, a disorder of the lower extremities (including pes planus), allergic rhinitis, and sinusitis. The claim for right shoulder impingement syndrome is remanded for further development.

The Board granted the Veteran's service connection for PTSD and assigned a 30 percent disability rating, effective June 8, 2007. The claim for an increased rating for PTSD was withdrawn by the Veteran. Service connection was established for a low back disability due to in-service injury during combat in Korea.

The Veteran withdrew his appeal for service connection for a left shoulder injury before the Board could make a decision. The case is now limited to the issue of service connection for a fracture of the left tibia, claimed as left leg re-injury.

The Board has determined that the Veteran's claim for payment or reimbursement of medical care expenses incurred at Rochester General Hospital on December 8, 2008 is denied due to lack of eligibility under VA regulations.

The Board denied the Veteran's claims for service connection for a heart disorder and left shoulder disorder, finding that there was no evidence of a chronic condition in service or within one year after separation. The preponderance of the evidence is against a finding that any current conditions are related to service.

The Board has determined that the Veteran's claimed right shoulder disability is not related to service and was not caused or aggravated by a service-connected condition. Therefore, service connection for this disability cannot be granted.

The Board has remanded the case for additional development due to missing SSA records and VA treatment records, as well as an addendum opinion from the April 2008 psychiatric examiner.

The Veteran's left shoulder disorder is found to be due to service, and the Board grants service connection for this condition.

The Veteran's initial claim for a higher rating was granted to 40 percent prior to September 24, 2002. The appeal for an increased rating in excess of 50 percent from November 1, 2003, has been withdrawn.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including the provision of an updated VA examination and readjudication.