Shoulder decisions — 2011

The Board has found that the Veteran's skin disorder of the right hand, arm, and shoulder is not related to military service or an event of service origin.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his claimed conditions.

The Veteran's combined disability rating is only 50 percent, which does not meet the minimum threshold requirements for an award of TDIU benefits under 38 C.F.R. § 4.16(a). The case is REMANDED to consider whether his service-connected disabilities would as likely as not preclude gainful employment.

The Veteran's right shoulder disability was rated at 10 percent before October 15, 2009 and increased to 20 percent from that date. The Board found the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claim for service connection for musculoskeletal disorders, including arthritis of the right shoulder, knees, ankles and feet sprains, and neck muscle spasms is being remanded due to insufficient evidence regarding the onset and etiology of these conditions.

The Board found that the Veteran's right shoulder disability was not incurred in or aggravated by active service and denied his claim.

The Board has determined that the Veteran's claimed knee, wrist, shoulder, neck, and lower back disabilities are not related to service. The evidence does not support a finding of in-service injury or disease.

The Veteran's right and left shoulder conditions are found to be due to disease or injury incurred in active service, granting service connection for these conditions.

The Board has found new and material evidence sufficient to reopen the claim for service connection of a left shoulder condition, which is now granted.

The Veteran's skin rash was not incurred in or aggravated by service.,The Veteran's left knee injury was not incurred in or aggravated by service.

The Veteran's right shoulder disability, manifested by labral tear and strain with arthroscopic slap repair, is found to be related to active service. The Board grants service connection for this condition.

The Veteran's claims for service connection for a right shoulder disability, hemorrhoids, and hearing loss were denied. The Board found that the Veteran did not have left ear hearing impairment for VA compensation purposes upon entrance into service but exhibited left ear hearing impairment at 4000 Hertz while on active duty. Service connection is granted for left ear hearing loss. Right ear hearing loss was not incurred or aggravated in service and sensorineural hearing loss may not be presumed to have been so incurred.

The Board has determined that the Veteran does not have a hiatal hernia or right shoulder disability due to disease or injury incurred in service. The evidence shows no chronic stomach problems or hiatal hernia during service, and no such conditions until many years after separation from service.

The Veteran's appeal for a rating in excess of 20 percent for left biceps tendonitis (post total left shoulder arthroplasty) from July 1, 2005 through March 14, 2006 has been dismissed due to the Veteran abandoning his claim by failing to provide necessary releases for evidence.

The Board found no chronic disability of the Veteran's right knee or right shoulder present until more than one year following his discharge from service. The Board also determined that any current disabilities were not etiologically related to his active service and were not proximately due to or the result of a service-connected disability.

The Board has determined that new and material evidence has not been submitted to reopen any of the Veteran's service connection claims, including for peripheral neuropathy of the right leg, left leg, elbow, neck, low back, shoulder disabilities, carpal tunnel syndrome, or heart disorder. The claimant's statements regarding abdominal pain are deemed not credible.

The Board has remanded the case due to a need to determine if the appellant's injuries were incurred in the line of duty, and will then consider service connection for his bilateral hand and shoulder disabilities.

The Board found that the Veteran's current neck, shoulder, and back disability is due to an inservice vehicular accident in 1995. The claim for service connection was granted.

The Veteran's claims for increased ratings for hypertension and left shoulder dislocation are being remanded due to the need for additional VA examinations, consideration of new evidence, and compliance with procedural requirements.

The Board determined that the Veteran's bilateral shoulder and lumbar spine disabilities were not incurred or aggravated by service, as there was no evidence of such conditions during his active duty. The disabilities are otherwise unrelated to any in-service injury.