Shoulder decisions — 2012

The Veteran's claimed memory loss and myalgias/arthralgias were not found to be related to his military service, including exposure to the Persian Gulf War environment.

The Board has remanded the case due to the need for additional development, including obtaining VA medical records and providing a VA examination.

The Board has determined that the Veteran's right and left shoulder disabilities were not incurred or aggravated by active service, as there is no evidence of such in-service. The Board also found that arthritis was not present within one year of separation from service.

The Veteran's bilateral knee disability is granted, with a rating of 40 percent effective from March 10, 2011. The right and left shoulder disabilities are rated at the maximum available under the VA rating schedule.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security disability records and VA treatment records. The case will be readjudicated after the requested information has been obtained.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for peripheral neuropathy of the hands (CTS), secondary to diabetes mellitus, type 2. The Veteran's testimony at his May 2012 hearing indicates he currently has this condition.

The Board found that there is no evidence to support service connection for arthritis of the right hand, as it was not shown to be related to service. For arthritis of the left shoulder and right knee, the Board determined that the Veteran did not have a current disability within one year post-service.

The Veteran seeks service connection for a right shoulder condition, to include right rotator cuff syndrome. The Board has determined that additional development is needed and the case is being remanded.

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

The Veteran's appeals for service connection for residuals of shell fragment wounds to the right ear, chest, right shoulder, and back have been dismissed due to his death.

The Veteran's unauthorized medical expenses incurred at a non-VA hospital on January 22, 2008 were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health. Therefore, reimbursement is denied.

The Veteran's claims for increased ratings for various service-connected disabilities, including eczema, lumbar spine strain, right and left knee disabilities, and DJD of the shoulders, were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's service-connected disabilities have not been sufficient by themselves to preclude all forms of substantially gainful employment consistent with his education and occupational background. The Board finds that the criteria for a TDIU, including on an extra-schedular basis, are not met.

The Veteran's depression is related to his service-connected right shoulder disorder, and he was granted secondary service connection for this condition. His right shoulder disability has been rated at 20% since February 11, 2006.

The Veteran's claim for service connection for a left shoulder disorder is being remanded due to the need for additional development, including obtaining records from his military hospitalization and providing him with a VA examination.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and any other necessary development.

The Veteran is seeking service connection for bilateral knee and right shoulder disabilities, which she contends began in service. The case has been remanded due to inadequate medical opinions regarding the etiology of her claimed conditions.

The Veteran's right shoulder disability, other than the already service connected radiculopathy secondary to her cervical spine disability, was not incurred in or aggravated by military service.

The Veteran's neck disability is rated at 30 percent, effective June 19, 2008. His right shoulder disability remains rated at 20 percent. The Board has granted a higher rating for the cervical spine disability but denied an increase in the rating for the right shoulder.

The Board has determined that the Veteran's left knee and right shoulder conditions are not related to his active service, and thus denied his claims for service connection. The TDIU claim is also denied.