Shoulder decisions — 2012

The Veteran's right knee disability is manifested by no more than slight instability, and her rheumatoid arthritis of multiple joints does not warrant a higher rating under the applicable VA rating criteria.

The Veteran's claims for increased ratings on an extraschedular basis were denied.,Specifically, the Board found no evidence of marked interference with all forms of employment or unusual circumstances in relation to his left shoulder and wrist disabilities.

The Board found that the Veteran did not have any symptoms of residuals of an appendectomy during any period of active service and that his currently diagnosed low back disorder is not related to active service. The claims for psychiatric, shoulder, muscle spasms and joint pain, and migraine headaches were also addressed but are remanded.

The Veteran's right shoulder disability was evaluated as 10 percent disabling prior to May 9, 2008 and increased to 20 percent effective from May 9, 2008. The claim for an evaluation in excess of these ratings is denied.

The Veteran's cervical spine and bilateral shoulder disabilities are being remanded for additional development, including a VA examination to determine their etiology. The claim for an increased rating for service-connected degenerative arthritis of the left knee is also being remanded.

The Veteran's varicose veins of the left leg were found to have been incurred in service and are therefore granted service connection. The Board also finds that the Veteran has other service-connected disabilities for which increased evaluations are warranted.

The Veteran's service-connected orthopedic disabilities affect a single body system and combine to a 70 percent rating, preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal involves claims for service connection and special monthly compensation based on the need for regular aid and attendance/housebound status. The Board has determined that additional development is needed, including obtaining medical records and scheduling a VA examination.

The Veteran's right shoulder disorder and ganglion cyst have been found to be related to his active duty service. The left leg disorder, rheumatoid arthritis, acquired psychiatric disorder (Major depressive disorder), sleep apnea, bruxism, hypertension, and gastroesophageal reflux disorder (GERD) are not currently shown or related to the Veteran's service.

The Board has determined that the Veteran is entitled to service connection for chronic right wrist strain, chronic left wrist strain, biceps tendonitis of the right shoulder, and biceps tendonitis of the left shoulder.

The Board has determined that the Veteran's current right shoulder AC degenerative joint disease and left Achilles tendonitis are not related to service, and thus denied his claims for service connection.

The Board has granted service connection for a right shoulder disability (cervical radiculopathy) and bilateral foot disabilities (corns, hallux valgus, and cold exposure residuals), finding that these conditions are secondary to the Veteran's service-connected cervical spine disability. The effective date is not specified.

The Board is remanding the case for further development to verify an in-service injury involving a stolen ammunition truck, as claimed by the Veteran.

The appellant's combined disability rating is 70%, which does not meet the criteria for a TDIU as his disabilities are service-connected and do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's impingement syndrome of the right shoulder has been rated at 40 percent, which is already the maximum schedular rating available for this condition. The left shoulder disability was initially rated at 20 percent and increased to 30 percent.

The Board has remanded the case for further examination and evaluation, including a VA eye examination to determine the extent of the Veteran's blepharospasm and its impact on his sleep disorder. The AOJ should also schedule a VA examination of the seventh (facial) cranial nerve.

The Board has remanded the case for additional development, including obtaining records from the Florida Division of Workers' Compensation and developing a dose estimate based on possible radiation exposure during service. The appeal will be reconsidered after these actions.

The Board has granted the Veteran's claims for service connection for a right shoulder disability, left shoulder disability, and right knee disability.

The Veteran's claim for a TDIU was denied because he did not meet the threshold percentage requirements under 38 C.F.R. § 4.16(a) and his case was referred to the Director of Compensation and Pension Service for consideration on an extra-schedular basis under 38 C.F.R. § 4.16(b). The Director determined that a TDIU is not warranted on an extra-schedular basis.

The Board found that the Veteran's low back and shoulder disabilities do not meet or approximate the criteria for a higher initial disability rating in excess of 20 percent.