Shoulder decisions — 2012

The Board denied reopening the claim for service connection for postoperative residuals of Klippel-Feil syndrome with fusion at C6-7 and also denied the claim for service connection for depression.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for various joints and gastrointestinal disorders, as well as hearing loss.

The Veteran's service-connected degenerative joint disease of the right knee is rated at 10 percent prior to November 25, 2009. The Veteran does not meet the criteria for a higher evaluation due to lack of limitation of extension or flexion.,The Veteran's instability of the right knee was rated as noncompensable from November 22, 2008 to November 24, 2009. However, he is now rated at 10 percent for this issue.

The Veteran is seeking service connection for various disabilities, including shoulder, hip, knee, and psychiatric conditions. The case has been remanded due to the need to obtain additional evidence from Social Security Administration.

The Board has remanded the Veteran's claims due to incomplete development and need for additional examinations. The case will be returned to the Board after further action.

The Veteran's claim for service connection for a right shoulder disorder, claimed as a rotator cuff injury, is being remanded due to the need for additional development and examination.

The Veteran's right shoulder disability is rated at 30 percent, reflecting recurrent dislocation of the scapulohumeral joint with frequent episodes and guarding of all arm movements.

The Board denied service connection for a left shoulder disability and an increased evaluation for postoperative residuals of subtotal gastrectomy with Bilroth II, bilateral hearing loss, and recurrent tinnitus. The Veteran's left shoulder disability was not found to be related to active service.

The Board has ordered a new VA examination to determine the nature and etiology of any right shoulder disability, including its onset in service or relation to service. The Veteran's claim will be readjudicated after this development.

The Board found that the appellant's bilateral shoulder disability, diagnosed as arthritis, was not incurred in or aggravated by his active duty military service and denied his claim.

The Board has denied the Veteran's claim for service connection for a right arm, shoulder, and hand disability.

The Board found that the Veteran's current low back, right shoulder, and left shoulder disabilities were not incurred during service or due to any incident of service. The evidence did not support a finding of chronicity after service.

The Board found that the Veteran's pre-existing left shoulder disability did not undergo a permanent increase in severity as a result of military service, and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development to determine if his current right shoulder disability is related to service.

The Board has found that the Veteran's currently diagnosed bilateral shoulder strain is related to his service, and thus granted service connection for this disability.

The Veteran's claim for an increased disability evaluation for cystic acne of the face, cheeks, chin, shoulders, mid back and chest is being remanded due to a lack of proper notice regarding scheduled VA examinations.

The Board granted service connection for left shoulder impingement as secondary to the service-connected recurrent dislocation of the right shoulder with reconstructive surgery and arthritis, assigning a disability rating of 20 percent effective March 25, 2008.

The Board has determined that additional VA treatment records are needed and will be obtained. The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU per 38 C.F.R. § 4.16(a). However, his claim of entitlement to a TDIU is submitted to the Director, Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 4.16(b) due to marked interference with employment.

The Board found that the appellant does not have a current respiratory disability, including asbestosis. The Board also determined that any current arthritis is not causally related to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim will be readjudicated based on all evidence.