Shoulder decisions — 2011

The Veteran's knee and shoulder disabilities have been evaluated based on their current functional limitations, with no evidence of service connection or exposure to specific environments. The claims for increased ratings are denied as the current disability levels do not meet the criteria for higher ratings under applicable VA rating criteria.

The Board found that the Veteran's right and left shoulder disorders did not manifest during service or are otherwise related to military service, thus denying both claims.

The Veteran's claim for increased SMC at the rate set out under 38 U.S.C.A. § 1114(r)(2) is denied as he does not require daily personal healthcare services provided by a licensed health care professional.

The Veteran's service connection claim for scars of the left forearm has been granted. The remaining issues have been remanded to obtain additional medical records and determine if the Veteran's current conditions are related to military service.

The Veteran's left shoulder disability is currently rated at 30 percent, which does not meet the criteria for a higher rating. The PTSD claim has been granted with an initial rating of 70 percent and effective date of February 18, 2003.

The Board has reopened the Veteran's claims for service connection for low back disorder, bilateral knee disorders, and left shoulder disorder due to new evidence submitted since the February 2005 rating decision. The Board finds that these conditions are related to service.

The Board has determined that the Veteran's left shoulder disability was not incurred in or aggravated by active service and is not proximately due to or the result of any service-connected disability. Therefore, the claim for service connection for a left shoulder disability is denied.

The Veteran's claim of TDIU is being remanded due to an intertwined issue with service connection for fibromyalgia secondary to PTSD. The RO must also obtain updated VA treatment records and provide the Veteran with notice of any denial or expiration of appeal period.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD attributable to his in-service combat exposure and grants this aspect of his appeal. His claims for increased rating for right shoulder disability and TDIU are remanded.

The Veteran's claims for increased rating of left knee patellofemoral syndrome, service connection for a left shoulder disorder, and reopening of his claim for an acquired psychiatric disorder were all denied. The Board found that the evidence did not support higher ratings or new and material evidence to reopen the psychiatric disorder claim.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, as he is able to engage in sedentary employment.

The Board has dismissed the appeal as to the issues of entitlement to service connection for Hepatitis C and a bilateral knee disability due to withdrawal by the Veteran.

The Veteran's right shoulder subluxation was found to have pre-existed service and not be aggravated by it. The back disability is denied as not being incurred or aggravated during service.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the left shoulder disability was not incurred in active service, nor may arthritis of the left shoulder be presumed to have been so incurred. For the time period beginning on September 1, 2004 but prior to April 14, 2009, the Veteran's left knee arthritis and instability were manifested by severe lateral instability or recurrent subluxation; neither ankylosis nor nonunion of the tibia and fibula was present. For the time period beginning on September 1, 2004 but prior to April 14, 2009, the Veteran's left knee arthritis and instability were also manifested by severe arthritis with limitation of motion; flexion was not limited to 60 degrees or less, and extension was generally full. For the time period beginning on June 1, 2010, the Veteran's left knee disability, status post total knee arthroplasty, is manifested by intermediate degrees of residual weakness, pain or limitation of motion without any evidence whatsoever of instability or subluxation.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board found that the Veteran's current right shoulder disability is more likely than not incurred in service, resolving all reasonable doubt in his favor.

The Board has granted the Veteran's claims of service connection for right shoulder disorder and back disorder, finding that these conditions were incurred in service. The initial ratings assigned are noncompensable.

The Veteran's bilateral eye disability, including residuals of cataract surgeries and detached left retina, right shoulder disorder, right hip disorder, right knee disorder, and right ankle disorder are all found to be related to his active service. The claims for sinus disorder and hemorrhoids are not addressed as they were not part of the appeal.

The Veteran's claim for service connection for a right shoulder condition/partial tear and bilateral knee disorders is being remanded due to the need for additional development, including scheduling of VA examinations.

The Board has determined that the Veteran's current right shoulder disability is not related to his active service and denied his claim for service connection.