Shoulder decisions — 2011

The Board finds that the Veteran's non-ischemic heart disease, bilateral knee and hip arthritis, bilateral shoulder arthritis, and lumbosacral spine arthritis are not related to his active service or presumed in-service herbicide exposure. As a result, these claims for service connection are denied.

The Board has determined that the Veteran's current low back disorder is related to his service, and thus grants service connection for a low back disorder.

The Veteran's claims for increased ratings and service connection were denied. The initial rating of 40 percent for hepatitis C was maintained, but the claim for a higher rating was denied.

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

The Board has determined that the Veteran's left hip and pelvic disorder, low back disorder, and bilateral shoulder disorder are all service-connected.

The Board has determined that the Veteran's current left shoulder disability, including osteoarthritis of the left AC joint and a probable rotator cuff tear, is related to his service as a paratrooper. As such, the claim for service connection for this condition is granted.

The Board has determined that the Veteran's current right extremity neurological manifestations are related to his service-connected right arm fragment wound, and thus grants a separate disability evaluation for this condition.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of multi-infarct dementia or other neurological disabilities associated with the shrapnel wounds, thus not meeting criteria for higher ratings under DCs 9304-8045. For the right shoulder, a noncompensable rating was assigned as there is no evidence of muscle disability.

The Board has granted a temporary total rating for convalescence following right shoulder surgery from July 7, 2003 to September 30, 2003.

The Veteran's service-connected right and left shoulder disabilities are each rated at 10 percent, but the Board has granted ratings of 20 percent for both conditions.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for a TDIU, and his nonservice-connected COPD disability prevents him from securing and following a substantially gainful occupation.

The Veteran's claims for a higher rating for his left shoulder disability and service connection for a right shoulder disorder are being remanded due to the need for additional examinations, treatment records, and consideration of aggravation issues.

The Board has determined that the Veteran's service-connected disabilities, when combined, meet the criteria for a TDIU. The evidence is at least in equipoise as to whether the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's claims for service connection were denied. The Board found no evidence of current disabilities or residuals from the conditions claimed.

The Board denied service connection for right ankle and shoulder disabilities, finding that the evidence did not support a link to active duty.,The Veteran's service-connected right elbow disability was not found to have caused or aggravated his claimed right shoulder disability.

The Veteran's injuries were not caused by VA medical treatment, and there is no evidence of fault on the part of VA health care providers.

The VA determined that the appellant's right shoulder disability, prior to July 20, 2009, warranted a 20 percent evaluation based on limitation of motion.

The Veteran's claims for service connection for right thumb, bilateral elbow, bilateral shoulder, and bilateral knee disabilities are being remanded due to inadequate VCAA notice and the need for additional development including obtaining deck logs of USS Henrico and scheduling a VA examination.

The Veteran's appeal was denied as his initial evaluation for left knee bursitis remains at 10 percent, and service connection for a left shoulder disability was not granted.

The Veteran's right and left shoulder disabilities have been rated at 20 percent since November 5, 1996. The Board denied increased ratings for both shoulders.