Shoulder decisions — 2012

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the reduction of the appellant's service-connected bilateral hearing loss from 30 percent to 10 percent was not proper, and the 30 percent disability rating is restored.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing and issuance of an SOC regarding his claim of service connection for residuals of bilateral shoulder injury. The issues of service connection for hypertension, increased rating for lumbar spine strain, and entitlement to total disability based on individual unemployability are referred back to the AOJ.

The Board denied the Veteran's claim for service connection for a right shoulder disorder on a direct basis due to lack of credible evidence of an in-service injury.

The Board found no evidence linking the Veteran's headaches to his service or a service-connected condition.,The Veteran's bilateral lower extremity swelling was not considered a disability for VA purposes.

The Veteran's combined rating for service-connected disabilities is 100%, meeting the percentage requirements for a TDIU. However, the weight of medical opinion and other evidence indicates that his service-connected disabilities do not render him unemployable.

The Board has remanded the case due to a request for a personal hearing before a Veterans Law Judge at the RO. The appeal is not yet decided on its merits.

The Veteran's claims for service connection for various conditions were denied. The Board found no evidence of chronicity or aggravation during service, and the preexisting hypertension was not aggravated by service.

The Board has determined that the Veteran's bilateral shoulder disorder, back disorder, and joint pain and dysfunction other than back and shoulders are all incurred in or aggravated by service.

The Veteran's claim for a compensable initial rating for his cerebrovascular disease and its associated residuals, including dizziness, is granted. He is assigned a minimum of a 10 percent rating effective from November 1, 2007.

The Board has granted service connection for left shoulder impingement, finding all relevant evidence necessary to decide the Veteran's appeal regarding this issue has been obtained and resolving all reasonable doubt in favor of the Veteran. The claim for service connection for left knee disorder is pending as there are no medical nexus opinions provided.

The Board has determined that the matter must be remanded for additional development due to the need for a VA examination and further analysis of the Veteran's claims.

The Veteran's right shoulder instability and traumatic arthritis were denied as the evaluations remained at 30 percent.,The Veteran's left shoulder instability and traumatic arthritis were also denied, with the same evaluation of 20 percent.

The Veteran's claim for a rating in excess of 10 percent for his left shoulder disability was denied, and the denial is upheld due to failure to report for scheduled VA examinations. The right shoulder disorder claim was also denied as there was no evidence showing it was caused by or aggravated by the service-connected left shoulder disability.

The Veteran's right shoulder disability, which has been rated as ankylosis of the scapulohumeral articulation, is found to more closely approximate unfavorable ankylosis for the entire claim/appeal period. As a result, the Veteran is granted a 50 percent evaluation.

The Board has remanded the Veteran's claims due to inadequate examination and development.

The Veteran's claims for service connection for gastric adenocarcinoma and an increased rating for his right shoulder sprain prior to April 1, 2009 were denied. The Board found that the evidence did not show limitation of arm motion at shoulder level prior to April 1, 2009.

The Veteran's appeal of the right knee disability claim has been withdrawn. The case is being remanded for further development regarding the right shoulder disability claim.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations to assess his service-connected conditions and other issues on appeal.