Shoulder decisions — 2012

The Board has reopened the Veteran's claim of service connection for a left shoulder condition and granted service connection for migraine headaches and right wrist disorder. The claims are based on new evidence showing continuity of symptoms since service.

The Board has determined that the Veteran's left shoulder disorder is not related to his military service and thus, denied service connection for this condition.

The Veteran's appeal is being remanded due to his relocation, and he needs a new hearing before a Veterans Law Judge at the appropriate Regional Office.

The Veteran's appeal is remanded for additional development, including a VA audiological examination to determine the nature and etiology of his right ear hearing loss. The issues are related to service connection based on new evidence.

The Board has remanded the case for additional development due to the need for medical opinions regarding the Veteran's claimed conditions and their relationship to service.

The Board has remanded the Veteran's claims for additional development, including obtaining records from his former firefighting employer and arranging for a VA examination to determine the nature and likely etiology of his back and left shoulder disabilities.

The Board has determined that the Veteran's psychiatric disorder, depression, is not related to his active service and therefore denied service connection for this condition. The heart disorder was also found not to be related to service.

The Veteran's service-connected disabilities rated at 20 percent or more do not meet the criteria for vocational rehabilitation benefits under Chapter 31, Title 38, United States Code due to his advanced educational attainments and transferable past employment skills.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine, to include lumbar strain, prior to May 6, 2008, was denied by the Board. The issue of whether he is entitled to an increased rating since May 6, 2008, remains pending.

The Board found that all disabilities resulting from the Veteran's September 1982 motor vehicle accident were incurred as a direct result of an act of willful misconduct.

The Veteran's appeal involves multiple service connection claims for various conditions, as well as a claim for an increased rating and TDIU. The Board has determined that additional development is needed to address these issues.

The Veteran's claims for increased ratings and service connection were denied. The neuropathy in her right upper extremity is currently rated at 10 percent, which was less than the maximum available rating under DC 8516. Her right shoulder disorder and fibrous mass excision to the right breast are not related to active duty service.

The Board has remanded the case for a VA examination to determine if the Veteran's left shoulder disorder is secondary to his service-connected right shoulder impingement.

The Veteran's service-connected recurrent dislocation of the left shoulder with degenerative joint disease was found to not warrant a rating in excess of 10 percent prior to September 24, 2009 and from that point forward. The current disability level does not meet or approximate the criteria for a higher rating.

The Board denied the Veteran's claims of service connection for left shoulder disability, back disability, glaucoma, and bilateral hearing loss. The claim for initial rating for depression was also denied.

The Board has determined that the Veteran's current right shoulder disability is a result of an injury sustained during his active service, and thus grants service connection for this condition.

The Board has remanded the case for further development to verify the appellant's National Guard service and obtain his medical records. The issues of entitlement to service connection for various disabilities remain pending.

The Veteran's disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes, as they do not permanently preclude him from engaging in all forms of substantially gainful employment.

The Veteran's appeal is being remanded to the RO for initial consideration of his request for an extension of time to respond to the December 2011 Supplemental Statement of the Case (SSOC).