Shoulder decisions — 2011

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 were denied as new and material evidence was not received to reopen the left foot disability claim, and his bilateral hearing loss and acquired psychiatric disabilities (PTSD) were not found to be related to service or service-connected conditions.

The evidence is equally divided on whether the Veteran's right knee and shoulder pain, as well as his skin condition, are secondary to his service-connected sarcoidosis.

The Veteran's appeal is being remanded for clarification of the VA examiner's diagnosis and to ensure that all necessary development has been completed.

The Board denied a claim for an increased rating for residuals of shrapnel wound left shoulder with retained metallic bodies (minor) from February 4, 1969 to August 19, 1992, finding that the disability did not meet the criteria for a higher than 10 percent evaluation.

The Veteran's service-connected residuals of a gunshot wound to the left shoulder, involving muscle groups I, II, and IV, are rated at 10 percent. This rating is effective from December 28, 2003.

The Board has determined that the Veteran's bilateral shoulder strain and hernia scars were not incurred or aggravated by service. The claim for a low back disability is pending, as are those for right hip and right shoulder disabilities.

The Board has ordered the RO to attempt to obtain service treatment records and documentation of periods of Active Duty for Training (ACDUTRA) or Inactive duty for Training (INACDUTRA). The Veteran's appeal will be remanded for further development.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and SSA records. The VA will then re-evaluate the claims based on the new evidence.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request, and service connection is not granted as it was decided on the merits.

The Veteran's appeal is being remanded for additional development to obtain medical records and for a VA examination to assess the nature and etiology of his left shoulder tendinopathy, as well as the current severity of his service-connected right knee instability.

The Veteran's claim for an earlier effective date for PTSD was denied as the claim was received more than one year after service separation.,The Veteran's request for a permanent total disability rating for PTSD was also denied due to lack of evidence indicating that his condition will improve over time.,The Veteran's attempt to reopen his claim for service connection for a left shoulder disability was denied because no new and material evidence had been submitted.

The Veteran's claims for increased evaluations of his service-connected cervical strain, ankle strain, knee strain and shoulder tendonitis prior to the specified dates have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a compensable evaluation.

The Veteran's claims for service connection were denied as the evidence did not show a relationship between his current disabilities and his military service.

The Board has remanded the Veteran's claims due to insufficient development of evidence, including further examination and medical opinion regarding his claimed conditions.

The July 1969 rating decision did not contain CUE in assigning initial 20% evaluations for limitation of motion and muscle injury to Muscle Group VI.

The Board has decided to remand the Veteran's claim for service connection for a left shoulder disability due to missing records and inconsistencies in medical evidence. The Veteran will be provided another opportunity to provide information and/or evidence, and VA will attempt to obtain any outstanding records from his treatment at Lebanon VAMC.

The Veteran's claim for residuals of pneumonia, also claimed as shortness of breath, was previously denied in July 1990 and reopened by new evidence submitted since then. The low back disorder claim has been reopened but the service connection is not granted.,The low back disorder claim has been reopened with new evidence showing degenerative disc disease and facet joint disease. However, the evidence does not establish that these conditions are related to active service or any incident therein.,The left ankle strain claim was previously denied in March 1977 and reopened by new evidence submitted since then. The evidence does not show a connection between the condition and active service.,Hypertension, enlarged heart, kidney damage, right shoulder disorder, and right leg disorder claims have all been reopened with new evidence but do not establish a connection to active service or any incident therein.

The RO denied an increased rating for right shoulder disability, which had been rated at 20 percent since July 1999. The Veteran's claim was not timely filed within one year of the denial and thus, no effective date earlier than October 27, 2009 is granted.

The Veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent, and he is granted a separate compensable rating for right lower extremity radiculopathy. The left lower extremity radiculopathy remains at 10 percent.

The Veteran's claim for compensation under 38 U.S.C.A. � 1151 is being remanded due to the need for a medical opinion regarding whether his heart damage, loss of use of left arm, injury to sternum, and left shoulder arthritis are related to carelessness, negligence, lack of proper skill, or error in judgment on the part of VA.