Shoulder decisions — 2012

The Board has reopened the claim for service connection for bursitis of the bilateral shoulders and is granting it, based on new evidence that relates to an unestablished fact necessary to substantiate the claim.

The Veteran's claims for increased ratings were denied. The Board found that her degenerative joint disease of the left shoulder did not meet criteria for an increased rating, and her PTSD and residuals of a fracture of the distal nares met the criteria for compensable ratings.

The Veteran does not have any of the claimed conditions that were incurred or aggravated by service, and arthritis is not presumed.

The Veteran's appeal is remanded due to the need for a VA examination and consideration of outstanding treatment records.

The Veteran's service connection claims for bilateral peripheral neuropathy and left shoulder disability have been granted. The decision is based on direct evidence of a nexus to service, with no presumption applied.

The Board has determined that additional development is needed to determine the etiology of any lumbosacral spine, left knee, and right shoulder disabilities. The Veteran will be scheduled for VA examinations to address these issues.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral ankle and knee conditions, bilateral shoulder conditions, residuals of rib fractures, a low back condition, circulatory disturbances of the legs and right toe amputation, and sleep apnea. The evidence did not establish a direct relationship between these conditions and service.

The Board has granted service connection for a right shoulder disability, reopening the previously denied claim based on new evidence. The appellant is now entitled to compensation for this condition.

The Board has determined that the Veteran's herniated nucleus pulposus, stenosis, degenerative joint disease, and degenerative disc disease at the C5-C6 interspace, as well as his right shoulder myofasciitis with arthritis secondary to right cervical spine radiculopathy, were not incurred or aggravated during active service. The Board found insufficient evidence to support a finding that these conditions are related to service.

The Veteran has been granted status as a Persian Gulf War veteran and is entitled to consideration for undiagnosed illness under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317.

The Veteran's right shoulder disability, characterized as residuals of a right (major) shoulder injury, is not manifested by limitation of motion to the shoulder level or a moderately severe muscle injury. Therefore, his claim for an increased rating in excess of 10 percent has been denied.

The Board found no evidence of a chronic left ankle disorder in service and denied the Veteran's claims for service connection for her right shoulder and right knee conditions, as they are not shown to be related to service or any service-connected disability.

The Board denied the Veteran's claims for service connection for left shoulder, wrist, hip, and ankle disabilities, finding no evidence of direct service connection or secondary to a service-connected disability.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and updated treatment records.

The Board has granted service connection for residuals of a left hip dislocation. The claim for service connection for a left shoulder disability is dismissed due to withdrawal by the Veteran. Service connection remains pending for a left knee disability.

The Board has reopened the claim of service connection for a right shoulder disability due to new evidence presented. The case is remanded for further development, including obtaining VA treatment records and an orthopedic examination.

The Veteran's claim for service connection for sarcoma of the left shoulder is being remanded due to an inaccurate dosage estimate from 1971. The VA needs to provide a more complete explanation or conduct additional exposure assessments.

The Veteran's appeal is being remanded for further action, including scheduling a personal hearing before a traveling Veterans Law Judge at the Winston-Salem, North Carolina RO.

The Veteran's appeal involves reopening of his claims and seeking service connection for various disabilities, including a right eye blindness and basal cell carcinoma. The Board has ordered additional development to obtain medical records.

The Board has determined that the Veteran's current respiratory disorder, variously diagnosed as bronchial asthma and asthmatic bronchitis, is related to service. The bilateral shoulder disorder may not be presumed due to exposure but is considered a direct result of service. The bilateral hip disorder is not supported by evidence showing it was incurred in or aggravated by service.