Shoulder decisions — 2011

The Board found that the Veteran did not incur a right shoulder disability during service or within one year of discharge, and there is no evidence linking his current right shoulder disability to service. The Board also determined that the right shoulder disability is not proximately due to or aggravated by his service-connected low back strain.

The Board has remanded the case for additional development and due process concerns, including obtaining a VA examination to determine the etiology of the Veteran's claimed low back disability with left leg numbness, neck pain with right shoulder numbness, and right arm disability.

The Veteran's appeal is being remanded for a VA examination to assess the combined impact of his service-connected disabilities on his employability, and for consideration of any new evidence added since the last supplemental statement of the case.

The Veteran's appeal is being remanded for additional development, including a neurological examination to determine the nature and severity of his right shoulder disability and whether it is related to service. The cervical spine issue remains in appellate status.

The Veteran withdrew his appeals for increased ratings in PTSD and right shoulder disability, leaving only the hypertension rating issue to be decided.

The Board has determined that the Veteran's lumbar spine disorder became manifest to a degree of at least 10 percent within one year from separation from service, and thus grants service connection for this condition.

The Veteran's service-connected right shoulder strain is shown to have been manifested by arthritic changes with limited motion due to pain, warranting a 10 percent rating for the initial portion of the period of appeal. The issue of an increased rating in excess of 10 percent for the service-connected right shoulder disability remains pending.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, arranging for a VA examination of his left shoulder, and considering the issue of TDIU.

The Board has remanded the case due to the need for additional development, including obtaining medical records and arranging for an examination.

The Board denied the Veteran's claims of service connection for a bilateral knee disability, right shoulder disability, and left foot disability. The issues of initial compensable evaluations for left ear hearing loss and right shoulder disability were addressed but not decided.

The Veteran seeks service connection for left shoulder tendonitis, which he claims is secondary to his service-connected Reiter's syndrome. The case has been remanded due to the need for a medical opinion regarding whether the left shoulder condition was caused or aggravated by Reiter's syndrome.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination. The issues of increased rating for gallbladder removal with GERD, service connection for arthritis of the neck, shoulder, arms, and lung disorder are pending.

The Veteran's degenerative joint disease of the right shoulder is manifested by flexion to 170 degrees; abduction to 170 degrees; internal rotation to 20 degrees; and external rotation to 90 degrees, with pain and additional limitation of motion during flare-ups. The Board finds that she is entitled to an initial 10 percent rating for her right shoulder disability.

The Veteran's initial claim for a higher rating for his right shoulder disability and associated scars was denied. The Board found that the evidence did not support a rating greater than 20 percent prior to October 16, 2007, and denied any higher ratings thereafter.

The Veteran's claim for an increased evaluation of his post-operative residuals of left shoulder dislocations was denied as the current rating of 30 percent is considered the maximum available under the applicable criteria.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance since a year prior to the date of claim, leading to SMC at the K-1 level from July 29, 2004. After August 31, 2010, he was granted SMC at the L level based on his need for regular aid and attendance.

The Veteran's initial claim for higher ratings for migraine headaches and right shoulder impingement syndrome was denied. However, the RO granted service connection for these conditions and assigned a noncompensable rating prior to November 19, 2007, and increased the rating to 30 percent effective November 19, 2007.

The Board has remanded the claims for a higher initial rating and TDIU due to right shoulder disability, requesting additional development including VA examinations and consideration of new evidence.

The Veteran's appeal is remanded due to the need for additional VA and private treatment records, as well as a new VA compensation examination.

The Veteran's parasomnia claim is denied as it is considered to be encompassed within the service-connected PTSD. The claims for right shoulder pain, sinusitis, and abdominal/stomach pain are all denied.