Shoulder decisions — 2011

The Veteran's appeals for increased ratings for his service-connected ankle sprains and right shoulder disability have been withdrawn. The Board has determined that the current rating of 10 percent for the service-connected right shoulder disability is appropriate.

The Board denied the Veteran's claim for service connection for a left shoulder disorder, finding no current disability and no credible evidence of in-service injury or disease.

The Veteran's appeal for an increased rating for his right shoulder disability was denied. The issue of entitlement to SMC based on the need for regular aid and attendance due to service-connected conditions is addressed in a separate REMAND.

The Board found that the Veteran's current cervical spine and bilateral shoulder disabilities are not related to his military service, including an in-service motor vehicle accident. As such, the claims for service connection were denied.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board found that the Veteran's esophageal stricture, right shoulder disability, and cervical spine disability did not warrant ratings in excess of 30 percent.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran does not have a right shoulder disability that is attributable to his active military service, and the Board finds no evidence of an in-service injury or event related to the right shoulder. The claim for service connection for a right shoulder disability must be denied.

The Veteran's claims for service connection for hypertension, gastroesophageal reflux disease (GERD), and basal cell carcinoma have been denied as there is no evidence of these conditions during his active service or a causal link to his service.,There is no presumption of service connection based on herbicide exposure.

The Board found that the Veteran's current left shoulder disability, including impingement and degenerative joint disease, is not related to his active service. The preponderance of evidence indicates the condition did not manifest within one year of service.

The Veteran's appeal was denied for service connection for various conditions, including left elbow tendonitis and arthritis of the right hand, left hand other than the left ring finger PIP joint, right wrist, left wrist, right knee, left knee, and left shoulder. The issues were decided as direct service connection cases.

The Veteran's claims for increased ratings for his L-1 fracture and left shoulder fracture are being remanded due to the need for additional examinations and records.

The Veteran's case is being remanded for a hearing before a Veterans Law Judge at the RO. The issues on appeal are an increased evaluation for his right shoulder condition and whether new and material evidence has been received to reopen his claim of service connection for scoliosis of the thoracolumbar spine with recurrent low back pain.

The Board finds that the Veteran's right shoulder disability is not related to service and therefore does not warrant service connection. The Veteran's combined rating for his service-connected disabilities (70%) meets the schedular requirements for TDIU, but a TDIU rating is denied as there are no additional service-connected disabilities present.

The Veteran's appeal is being remanded for further development, including a VA examination to evaluate the severity of his service-connected adhesive capsulitis of the left shoulder and provide opinions regarding loss of use of the left hand and employability.

The Board has denied the Veteran's claims for service connection for a sleep disorder, hearing loss, liver disability (including cirrhosis and hepatitis C), psychiatric disability (including PTSD and MDD), hypertension, asbestosis, residuals of a scrape injury to the back, right elbow disability, and right shoulder disability.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no evidence of a current disability or a link to service.

The Veteran's appeal for an effective date prior to September 2008 for the grant of service connection for radiculopathy and left great toe paresthesia as secondary to lumbar DDD is granted. The appeals for reinstatement of withdrawn claims for pneumonia, sinus disorder, and secondary service connection for a repolarization disorder are denied. The appeal for service connection for bilateral shoulder disability remains pending due to the receipt of new and material evidence. The appeal for an initial rating in excess of 10% for lumbar DDD is denied.

The Board denied service connection for a left shoulder disability and did not reopen the claim for residuals of a head injury.

The Board found that the Veteran's current right shoulder strain is not related to her service, and thus denied her claim for service connection.