Shoulder decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran with a VA examination to assess the severity of his service-connected GERD and right shoulder impingement syndrome.

The Veteran's right shoulder disability, characterized by pain and weakness, does not meet the criteria for a higher than 10 percent rating under VA's rating criteria.

The Board has granted service connection for right shoulder disability on the basis of aggravation by a service-connected condition, resolving doubt in favor of the Veteran.

The case is being remanded for a Travel Board hearing as requested by the appellant. The RO will schedule and notify the appellant of the date and time of the hearing.

The Board has granted service connection for a left knee disability and found that the Veteran's left shoulder disability was aggravated by active duty service. The claims are now resolved in favor of the Veteran.

The Veteran's service-connected disabilities are of such severity that they preclude substantially gainful employment, warranting a TDIU rating.

The Board has remanded the claim due to the need for further development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claims for service connection for a right shoulder disability and a right wrist/hand disability were granted with an effective date of April 25, 2002. The claim for hypertension was reopened and granted. The August 2003 rating decision that granted these disabilities contained clear and unmistakable error (CUE) in assigning the effective date.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and a chronic left shoulder disorder due to additional development of his claims file, including obtaining medical records from the VA Medical Center.

The Veteran's lumbar spine disability is service-connected, and he has been granted a TDIU based on his cervical spine and left shoulder disabilities. The other issues remain pending for further development.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected right shoulder chronic tendonitis and degenerative disk disease of the lumbar spine.

The Veteran's claimed right hand, shoulder, hip, ankle, and knee disabilities are not service-connected. His hypertension is also not service-connected as there is no evidence of a chronic condition during service or within one year after separation.

The Veteran's service-connected arthritis of the left shoulder with rotator cuff tear and subluxation of the humeral head is currently rated at 20 percent, but his symptoms do not warrant a higher rating as they are consistent with a 20 percent disability under Diagnostic Code 5202.

The Veteran's appeal is remanded for additional development, including obtaining private medical records and scheduling VA examinations to determine if his service-connected disabilities have worsened to the extent that he cannot perform his occupation.

The Veteran's claim for service connection for a right shoulder disorder, which is secondary to her right knee disorder, has been remanded due to the need to address her petition to reopen her previously denied claim of entitlement to service connection for a right knee disorder.

The Board has determined that the Veteran's left shoulder disability was not incurred in or aggravated by active service and arthritis is not presumed to have been so incurred. The claim for a left knee disability is remanded as there are insufficient medical opinions regarding its etiology.

The Board has reopened the Veteran's claims for service connection of a back disability and shoulder disability, but denied his claim for left lower extremity disability. The rating for his acquired psychiatric disability was increased to 50 percent effective February 2004. However, the Court vacated the entire May 2009 decision, including the rating determination.

The Veteran's claims for higher initial ratings on his service-connected conditions have been denied. The RO has granted service connection and assigned noncompensable disability ratings to all of the Veteran's service-connected conditions, effective December 1, 2003.

The Board has determined that a 20 percent disability evaluation is granted for the Veteran's left shoulder disability, effective from the date of the decision.

The Board has denied the reopening of the Veteran's claim for service connection for a chronic right shoulder disability, but granted his claim for sleep apnea.,The Veteran was previously denied service connection for his right shoulder disability in 2006. The new evidence submitted does not relate to an unestablished fact necessary to substantiate this claim.