Shoulder decisions — 2012

The Veteran's left shoulder strain has been rated as 10 percent disabling since January 20, 2011. The initial rating of noncompensable prior to that date is granted.

The Board has determined that additional evidentiary development is necessary and the case is being remanded for further action.

The Veteran's left shoulder disability is being remanded for further development, including obtaining additional medical records and an opinion regarding the care provided by VA.

The Board found no separate and distinct disability of the shoulders other than the service-connected radiculopathy, thus denying service connection for right and left shoulder disorders.

The Veteran's major depressive disorder is found to be related to service, and he is granted service connection for this condition. Service connection is also granted for benign prostatic hypertrophy. The Board finds no evidence of a current hearing loss disability in either ear, but grants service connection based on continuity of symptomatology since service.

The Board finds that the Veteran's current left shoulder, hand and wrist, and knee disorders are not related to his active service. The in-service injuries resolved with treatment and there is no evidence of chronic symptoms since service.

The Veteran's service-connected disabilities, including PTSD with alcohol abuse and various musculoskeletal issues, render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for an effective date prior to July 29, 2003 for TDIU was denied as the February 2004 rating decision granting TDIU with that effective date is final and not subject to revision in the absence of clear and unmistakable error (CUE).

The Veteran's claims for service connection for PTSD, degenerative joint disease of the bilateral shoulders and joints, and leukocytoclastic vasculitis have been granted. The Veteran is also entitled to a 10 percent rating for his leukocytoclastic vasculitis.

The Veteran's right shoulder injury, characterized by recurrent dislocation of the scapulohumeral joint with frequent episodes and guarding of all arm movements, is currently rated as 30 percent disabling prior to October 26, 2010. As of that date, he is entitled to a higher rating.

The Board has determined that the case should be remanded for further development to determine if the Veteran has separate upper back and shoulder disabilities related to his service.

The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound was denied as he does not meet the criteria for either condition.

The Veteran's claim for service connection for bilateral knee conditions and a right shoulder disability is being remanded due to the need for additional medical examination and development of VA treatment records.

The Board found no evidence to support a service connection for the Veteran's left arm/shoulder disability, concluding that it was not incurred or aggravated by his military service.

The Veteran's left shoulder disability, including osteoarthritis and chronic impingement syndrome, is found to be related to his military service. His left shoulder scar is also considered service-connected.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a lumbar spine disorder secondary to December 12, 2005 colonoscopy was denied as the medical evidence does not show that the Veteran has a qualifying additional disability in the form of a lumbar spine disorder.

The Board has determined that there is new and material evidence to reopen the claims for service connection for hearing loss, left knee disorder, tinnitus, and left shoulder disorder. The Veteran's current disabilities are found to be related to his military service.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a right thumb disability, left shoulder disability, testicular disability, diabetes mellitus, or migraine headaches in service. The Veteran's current conditions are not shown to be related to his military service.

The Board has remanded the case for further development, including obtaining specific dates of active service, ACDUTRA and INACDUTRA from 1974 to 1996. Additional VA treatment records are also requested.

The Veteran's claims for service connection for a disability of the hands and bilateral shoulder disabilities were denied. The claim for increased rating for residuals of a neck injury was also denied.