Shoulder decisions — 2012

The Board denied service connection for lumbar spine disability, right shoulder arthritis, elbows arthritis, and right wrist arthritis as these conditions are not related to active duty or service-connected disabilities.

The Veteran's tongue and mandible disabilities are not deemed to be caused by VA fault, thus his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the Veteran's pre-existing bilateral shoulder, elbow and wrist disabilities did not undergo a permanent increase in severity during his service. Therefore, these conditions were not aggravated by service.

The Veteran's right shoulder disability has been rated at 20 percent since October 27, 2004. The Board finds that a 30 percent evaluation is warranted as of December 2011 due to limitation of motion.

The Board dismissed the appeal due to lack of timely filing of a notice of disagreement for the denial of service connection for degenerative disc disease. The Veteran's claims for other conditions were denied as they are not compensable under VA regulations.

The Board denied the Veteran's claims of service connection for various disabilities, finding that none were incurred or aggravated by his active duty service.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, tinnitus, left foot and ankle disorders, and shoulder, back, and leg disorders. The most probative evidence did not indicate a relationship between these conditions and his active service.

The Veteran's right shoulder disability, characterized as a shoulder strain with a tear of the posterior labrum and degenerative changes, has not met the criteria for a rating in excess of 10 percent.

The Veteran's claims for service connection for various conditions, including acid reflux, high cholesterol, erectile dysfunction, kidney disease, thyroid disorder, gout, and lower back/shoulder disabilities, were denied as these conditions are not presumed to be related to herbicide exposure.

The Board has determined that the Veteran's current bilateral hip and low back disabilities did not have onset in service or were not caused by his active military service. The right shoulder, headaches, and anxiety conditions are also denied.

The Board has reopened the Veteran's claims of entitlement to service connection for left shoulder and left hip disabilities but denied them on the merits. The Veteran is granted a TDIU.

The Board has determined that no new and material evidence has been received to reopen the Veteran's claims for service connection for PTSD, residuals of head injury, visual impairment, low back disability, chronic shoulder disability, and right ankle disability. The Veteran's sister provided a statement in June 2011, but it is considered redundant or cumulative.

The Veteran's death was caused by decompensated liver disease and respiratory failure. The appellant seeks service connection for the cause of his death, contending that his adenocarcinoma of the prostate contributed to his fatal hepatocellular cancer.

The Veteran's current bilateral wrist condition is service-connected, and the Board grants his appeal for this issue. The remaining issues are referred to the RO for further development.

The Veteran's claims for increased ratings for his service-connected right shoulder dislocation and left shoulder disability are being remanded due to the need for additional examinations. The TDIU claim is also inextricably intertwined with these issues.

The Board found no right knee disability and denied service connection for a right shoulder disability. The left knee disability was diagnosed but not related to service or a service-connected condition.

The Veteran's right shoulder disability was rated at 30 percent from February 1, 2007 to August 21, 2007. From February 1, 2008 onward, the rating remained at 30 percent as there is no evidence of fibrous union or other disabling conditions warranting a higher evaluation.

The Board has granted service connection for cervical spine disability and found that it is related to the Veteran's left wrist disability, right shoulder disability, and pulled groin muscle. The rating assigned remains at 20 percent.

The Veteran's appeal is being remanded to ensure full compliance with the duty to assist, including obtaining SSA records and VA treatment records. Additionally, he should be scheduled for VA examinations to determine the nature of his claimed disabilities.

The Veteran's left shoulder disability, with a retained foreign body and associated scar, is rated at 30 percent disabling prior to November 19, 2009. The Veteran also has a separate compensable rating for the scar.