Shoulder decisions — 2012

The Board has reopened the claims for service connection for left shoulder disabilities and chest disability. The claim for right shoulder disability remains denied as no new and material evidence was submitted.

The Veteran's bilateral hearing loss is found to be service-connected. The Board also finds that the left foot disability and right shoulder disorder are not service-connected.

The Veteran's appeal is remanded due to the need for additional medical examination and records review. The Veteran contends his left shoulder disability has worsened since a previous VA examination in October 2008, and he seeks treatment from private providers.

The Veteran's partial ankylosis of the right shoulder with postoperative arthritis was granted a rating greater than 20 percent. Service connection for his claimed acquired psychiatric disorder (depression) was denied.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran does not have a right shoulder disability or tinnitus due to service and therefore denied both claims.

The Veteran's appeal for an increased disability rating for his left shoulder disability was denied due to his failure, without good cause, to report for a scheduled VA examination. The current state of the Veteran's service-connected left shoulder disability is evaluated at 20 percent.

The Board denied the Veteran's claims for increased ratings for his service-connected bilateral pes planus, right hallux valgus, left hallux valgus, and bilateral shoulder osteoarthropathy, bilateral knee osteoarthropathy with chondromalacia, and bilateral ankle osteoarthropathy. The appeals were based on the Veteran's complaints of pain and tingling in his feet and joints.

The Veteran was granted a combined disability rating of 70 percent for service-connected disabilities effective August 25, 2005. The Board found that the Veteran met the criteria for TDIU as of this date and confirmed the effective date of January 17, 2006.

The Veteran's appeal is being remanded to obtain additional National Guard, VA, and private treatment records for his service-connected disabilities.

The Veteran's left shoulder disorder was found to not warrant a rating in excess of 20 percent prior to July 2, 2009 and from September 1, 2010 following total shoulder arthroplasty.

The Veteran's claims for service connection are denied as there is no evidence of a current disability or nexus to service. The only condition found with chronicity in service was sinusitis, which has been resolved and does not have residuals.

The Veteran's appeal is remanded for additional examinations and to associate all relevant VA treatment records. The issues include increased ratings for PTSD and shell fragment wound, as well as service connection for TBI.

The Veteran's right shoulder disability is manifested by limitation of shoulder flexion to no less than 50 degrees and abduction to no less than 70 degrees, with pain on motion. The criteria for a higher rating have not been met.

The Veteran's appeal concerning the issue of entitlement to an increased rating for a right shoulder disability has been withdrawn. The issues of entitlement to increased ratings for migraine headaches and right eye disabilities are remanded for additional development.

The Board denied service connection for right shoulder and right knee disorders, finding no direct service connection but also noting that the arthritis of the right knee is aggravated by his service-connected left knee disability.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to an increased rating for right knee total knee replacement status post medial meniscectomy with residual scars or instability of the right knee, as his symptoms do not meet the criteria for a higher disability rating under applicable VA regulations.

The Veteran was granted a TDIU effective March 24, 2010, based on his combined schedular rating of 70 percent for service-connected disabilities.

The Veteran's major depressive disorder was granted service connection. The Board found that the Veteran had a chronic condition during his period of active service and resolved all doubt in favor of the Veteran.

The Board has decided to remand the Veteran's claims for further development due to missing service treatment records and the need for a VA examination.