Shoulder decisions — 2012

The Veteran's appeal is remanded due to the need for a new VA examination and additional records from Dr. R.S.

The Veteran's claim for service connection for a right shoulder disability is being remanded due to the need to obtain additional medical records and provide an opinion regarding the etiology of his current right shoulder disability.

The Veteran's claim for service connection for a left shoulder disability was denied, and his initial compensable rating for hypertension was granted. His hypertension is currently rated at 10%.

The Veteran's claim for service connection was originally filed in April 1987. The RO denied the claim due to lack of supporting evidence, and it became final. In June 2005, new records were submitted showing a fracture of the left clavicle during annual training, leading to the grant of service connection with an effective date of April 7, 1987.

The Veteran's appeal was dismissed due to his death, and no service connection decisions were made.

The Board found that the Veteran's left knee and shoulder disabilities are not related to his military service, as they were first demonstrated years after service and were due to postservice injuries.

The Board denied the Veteran's claims for effective dates prior to April 16, 2001, for the grants of service connection for type II diabetes mellitus, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy.

The Veteran's claims for left knee disorder, headaches, hypertension, and joint pain of the lumbar spine and left shoulder were denied as they are not shown to be related to service or any incident thereof.

The Veteran's death was caused by pancreatic cancer, but the Board finds that his service-connected coronary artery disease substantially contributed to his death. As such, the claim for service connection for the cause of death is granted.

The Board has determined that new and material evidence has not been received to reopen the previously denied claims for service connection for a left shoulder disability, an acquired psychiatric disorder, or sleep difficulties. The claim for TDIU is also under consideration.

The Veteran's claims for earlier effective dates and increased ratings have been denied as the evidence does not support an earlier effective date or higher rating than what has already been granted.

The Veteran's right shoulder disability is not manifested by a right arm motion limited to shoulder level, or by either malunion or nonunion of the clavicle or scapula. The schedular criteria for an evaluation greater than 10 percent for right shoulder disability have not been met.

The VA physician concluded that the Veteran's additional right shoulder disability was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part. The opinion did not address whether the disability was due to an event not reasonably foreseeable.

The Board has remanded the case due to issues related to service connection for various disabilities, including psychiatric conditions, knee and shoulder injuries, and a stomach disability. The Veteran's claims are pending further development.

The Board has determined that the Veteran's PTSD is likely attributable to his active military service and grants service connection for this condition. The remaining claims of entitlement to service connection for a low back disability, bilateral shoulder disability, ulcers, and erectile dysfunction are remanded for further development.

The Board has determined that the claims need further clarification regarding the Veteran's service dates and type of service. The claims are being remanded to obtain this information.

The Board has granted service connection for a right acromioclavicular joint dislocation, finding that the Veteran's current condition is related to his active duty service. The evidence supports this conclusion with credible lay statements and medical opinions indicating ongoing shoulder pain during service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The issues include seeking increased ratings for his service-connected right shoulder disability and TDIU.

The Veteran's appeal is being remanded for additional development, including scheduling of a VA examination to determine the scope and severity of his service-connected shrapnel wound injuries and any other related disabilities. The examiner must also provide an opinion as to whether each condition is related to one or both of the Veteran's inservice shell fragment wound injuries.

The Board has determined that the Veteran's right shoulder disability warrants a restoration of the 30 percent disability rating from February 1, 1999 to August 19, 2007. The claim for a higher rating is denied as there is no evidence showing sustained improvement in his condition during this period.