Shoulder decisions — 2012

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge.

The Board denied service connection for various hand, wrist, and shoulder disabilities, as well as a right big toe disability. The Veteran's claims were not supported by the evidence of record.

The Veteran's left shoulder dislocation residuals are manifested by no more than limitation of motion at shoulder level with pain and tenderness in the acromioclavicular joint (ACJ). There is no evidence of ankylosis, fibrous union, nonunion, or loss of head of humerus. Magnetic resonance imaging (MRI) reflects that degenerative changes are present in the left shoulder.

The Board found that there is no evidence of a current psychiatric disability to include PTSD, and the right shoulder disorder was not shown to be related to service.

The Veteran's claims for headaches, allergic rhinitis, left shoulder disorder, and lumbar and thoracic spine disorders were denied. The Board found that the evidence did not meet the criteria for a compensable rating for allergic rhinitis or service connection for the claimed conditions.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination. The claims will be reconsidered after this process.

The Veteran's low back disability has been granted service connection and assigned a 20 percent evaluation. Service connection for a psychiatric disorder (Personality Disorder) and a right shoulder disability have not been established.

The Veteran's left knee DJD status post arthroscopy is currently rated at 20 percent disabling, and the Board finds that this rating adequately reflects his current disability level.

Service connection for PTSD is granted effective January 28, 2008. Claims for a sleep disorder (insomnia) as secondary to PTSD and for bilateral shoulder disability are reopened. A claim for a left index finger disability is also reopened.

The Board has remanded the case due to an incomplete verification of the appellant's service during a period of active duty for training (ACDUTRA). The RO/AMC is instructed to attempt to verify the appellant's service dates and obtain his service treatment records using the estimated service dates provided by the appellant.

The Board has ordered additional development due to the need for clarification of a December 2008 VA medical opinion regarding the Veteran's skin condition. The case is now remanded for further examination and opinion.

The Veteran's tinnitus is found to be related to service, and he is granted service connection for this condition. The claim of increased rating for the right shoulder injury remains pending. Service connection was also granted for dysthymic disorder (claimed as depression/stress).

The Veteran's claims for increased evaluations were partially successful. He was granted compensable ratings for his knee conditions, but denied an increase in evaluation for his right shoulder disability.

The Veteran's claims for increased ratings for the service-connected residuals of a gunshot wound to Muscle Group XX of the dorsal spine and to Muscle Group II (right shoulder) have been granted, with effective dates set at September 8, 2011, and July 29, 2008 respectively.

The Veteran's service-connected right shoulder disorder was rated at 10 percent prior to December 2, 2011 and denied for a higher rating. Beginning December 2, 2011, the Veteran's condition did not warrant a rating in excess of 20 percent.

The Veteran's claims for service connection for gastroesophogeal reflux disease and left shoulder disorder, as well as his requests for increased ratings for right shoulder strain and left ankle injury, were denied. The Board found that the evidence did not support a finding of direct service connection or secondary service connection.

The Veteran's claims for increased ratings for migraine headaches, cervical strain, and right shoulder sprain were denied. The Veteran's service-connected tinnitus claim is pending.

The Veteran's claims for reimbursement of unauthorized medical expenses were denied because he had Medicare coverage, which excludes VA reimbursement.

Service connection for post-operative residuals of the right shoulder and degenerative joint disease of the left shoulder was granted with an effective date of October 20, 2000.,The Veteran's service-connected disabilities are currently rated at 30 percent each since July 10, 2007.

The Board denied the Veteran's claims for service connection for a bilateral shoulder disorder and increased ratings for his knee disabilities, finding that there was no evidence linking these conditions to his active duty service.