Shoulder decisions — 2011

The Board has remanded the case for a more thorough VA examination and opinion to determine if the Veteran's current right shoulder disability is related to his military service, specifically his period of active duty from January to August 1978 or his period of ACDUTRA from April to October 1975. The examiner must consider the Veteran's lay statements regarding an in-service injury and any continuity of symptomatology since service.

The Veteran's right shoulder dislocation is currently rated at 30 percent, and the Board finds that it does not warrant a higher rating as his symptoms do not more nearly approximate frequent episodes of recurrent dislocations with guarding of all arm movements and pain on functional use.

The Board has determined that the Veteran's claimed disabilities are not related to his active duty service and have denied all of his claims.

The Veteran's claim for an increased disability rating in excess of 60 percent for residuals of an injury to muscle group VI, right (dominant), status post total shoulder arthroplasty is being remanded due to the need for a new VA examination and the retrieval of outstanding medical records.

The Veteran's appeal has been withdrawn by his representative, and thus the case is dismissed.

The Board found that the Veteran's currently diagnosed right shoulder disability is not related to his period of active service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected shoulder disabilities and determine if he is unemployable due to these conditions.

The Board has determined that the Veteran's left shoulder disorder is related to his active duty service and grants this claim. The other issues on appeal are not addressed as they have been withdrawn or do not meet the criteria for service connection.

The Board has remanded the case to obtain SSA records and readjudicate the service connection and initial evaluation claims on appeal.

The Veteran's degenerative joint disease of the thoracolumbar spine was first demonstrated during his period of active duty from December 28, 1989 to June 1, 1990. The Board grants service connection for this condition.

The Board has determined that the Veteran's right shoulder and left ankle disabilities were not incurred in or aggravated by service, and thus denied both claims.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran's claims for service connection due to the presence of current disabilities and the need for medical opinions regarding their etiology.

The Veteran's appeal is being returned to the RO for further development due to a request for a Board hearing. The issues of service connection, increased ratings, and TDIU remain in appellate status.

The Veteran's facial scars, left wrist muscle injury, right shoulder and neck muscle injury, left foot scar, left wrist scar, right knee scar, right lower extremity scar, and right ankle scar are all rated at 30 percent each.,Service connection for PTSD was granted with an effective date of May 22, 2009. Service connection for neuralgia of the left foot was also granted but without a specific effective date.

The Veteran's appeal for a higher rating for his thoracolumbar strain with degenerative changes was granted, but the AMC did not provide a Supplemental Statement of the Case outlining why he was not entitled to a higher rating. The AMC also needs to obtain Social Security Administration disability records related to the Veteran's spine.

The Board has determined that the Veteran's pre-existing residuals of right shoulder dislocation were aggravated by military service, and therefore grants service connection for this condition.

The Board has restored the Veteran's right shoulder disability evaluation from 10% to 30%, effective September 1, 2007. The evidence did not show a material improvement in his condition that is reasonably certain to be maintained under ordinary conditions of life.

The most probative evidence indicates the Veteran's current left shoulder disability is unrelated to his military service, including an injury sustained in service.

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The cervical spine and left shoulder disorders are currently unresolved issues.

The Veteran's service-connected right shoulder disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on current evidence.