Shoulder decisions — 2012

The Board has determined that the Veteran's current bilateral shoulder, hip and knee disabilities are etiologically related to his active service.

The Board has determined that the Veteran's bilateral hip disability and left shoulder disorder, including arthritis, were not incurred or aggravated during service. The disabilities are also not proximately due to or the result of a service-connected condition.

The Board has determined that further development of the Veteran's claims is warranted, including obtaining outstanding VA treatment records and scheduling a VA examination to assess his PTSD with dyssomnia, left shoulder disability, high blood pressure, and sleep apnea. The case is REMANDED for these actions.

The Veteran's claims for service connection were denied. The acquired psychiatric disorder was not shown to be related to service or any disability incurred therein, gastritis is presumed to be due to service, and the left shoulder disability has no evidence of being related to service or a service-connected condition.

The Board has determined that the Veteran does not have a current right ear hearing loss disability for VA compensation purposes. The Veteran's currently manifested left ear hearing loss first manifested many years after service and is not causally related to event(s) during his military service. Tinnitus had its onset during active service. There is evidence of sleep problems during military service, competent medical evidence of a current diagnosis of sleep apnea, and competent allegations of continuity of sleep problems beginning during service to the present.

The Board has restored a 30 percent rating for the Veteran's service-connected residuals of a right shoulder injury, including traumatic degenerative joint disease, finding that there is insufficient evidence to reduce the current rating.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected deviated septum, warranting service connection. However, there is no evidence to support a finding of service connection for his right shoulder disability.

The Veteran's appeal includes multiple service connection claims and a challenge to the validity of an overpayment of VA benefits. The Board is remanding the case for further development, including adjudicating whether the underlying debt was validly created.

The Veteran seeks an annual clothing allowance due to service-connected disabilities that require the use of orthopedic devices which tend to wear or tear his clothing. The appeal is remanded for further development, including obtaining a medical opinion from the DOC regarding the impact of the Veteran's orthopedic devices on his clothing.

The Board has granted service connection for traumatic arthritis of the cervical and thoracic spine, both shoulders, and lumbosacral spine. The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is REMANDED.

The Board has granted service connection for lupus and the associated hip, shoulder, and joint conditions. The Veteran's service-connected mechanical low back pain is rated at 40 percent from October 18, 1997.

The Veteran's appeal is being remanded to the RO for scheduling an in-person hearing before a Veterans Law Judge (VLJ) sitting at the RO. The case will be returned to the Board after the hearing.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess the severity of his service-connected left shoulder and left knee disabilities.

The Veteran's left shoulder disability has been rated as 20 percent disabling since August 12, 2008.

The Board has decided the case needs further development due to a need for an additional medical opinion regarding whether the Veteran's current left shoulder disability, including tendonitis, was caused or aggravated by his service-connected gout.

The Board denied the Veteran's claims for increased ratings and service connection, as well as his request for a TDIU. The issues of reduction in rating were found to have been properly processed.

The Board denied initial ratings in excess of the assigned disability ratings for the Veteran's right shoulder disability during the periods specified.

The Veteran's diabetes mellitus type II is currently rated as 20 percent disabling. The claim for service connection for congenital hemivertebral scoliosis and a developmental shoulder abnormality was denied due to lack of evidence showing aggravation beyond its natural progression.

The Veteran's right shoulder disability with scar is rated at 30 percent, effective November 5, 2007. His left flat foot remains rated as noncompensable.

The Veteran's claims for increased ratings for right shoulder and right hip disabilities were denied as there is no evidence of limitation of motion at the shoulder level or abduction beyond 10 degrees, which would warrant a higher rating under VA schedular criteria.