Shoulder decisions — 2012

The Veteran's claims for increased ratings and service connection were denied. The appeal is not about service connection at all, e.g., a clothing allowance or fee dispute.

The Veteran's claim for a higher rating for his service-connected acromioclavicular separation of the right shoulder was granted effective September 10, 2009.,Service connection for mild degenerative joint disease of the left shoulder was also established as secondary to his service-connected right shoulder condition.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals at the RO.

The Board found that the Veteran's rotator cuff tear of the left shoulder is not related to his active military service and denied the claim. The umbilical and ventral hernia was diagnosed post-service, but the VA examiner opined it may be related to combat service in Vietnam.

The Board denied the Veteran's claims for an increased evaluation and TDIU, finding that the current 30 percent rating adequately reflects his disability level.

The Board found that the Veteran's left shoulder disorder was not incurred in or aggravated by service, nor is it related to his service-connected right shoulder disability. The claim for service connection on secondary basis was denied.

The Board has granted service connection for tendonitis of the right shoulder and migraine headaches, finding that these conditions are at least as likely as not related to active service.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Board has determined that the Veteran was not unemployable due to his service-connected disabilities prior to July 13, 2007. As such, an effective date earlier than July 13, 2007 for the award of a TDIU rating is denied.

The Board has found that the Veteran's bilateral hearing loss and tinnitus are related to his military service. However, further examination is needed to determine if his right shoulder, right foot, and left knee disabilities are also related to his service.

The Veteran's service-connected disabilities, including bilateral hearing loss, right shoulder bursitis with ulnar neuropathy, duodenal ulcer, tinnitus, right wrist sprain with small degenerative cyst, otitis media, and hemorrhoids, preclude him from securing and maintaining gainful employment. The Board grants entitlement to TDIU.

The Veteran's service-connected disabilities have not worsened to the point that he is unable to perform his current job, and the occupation for which he was previously rehabilitated remains suitable given his employment handicap.

The Board has determined that the Veteran does not have a service-connected disability for any of the conditions she claims, including PTSD, hiatal hernia, hypertension, burn scar on the right middle finger, sleep disorder, hordeolum of the right eyelid, arthritis of the cervical spine, arthritis of the knees, arthritis of the feet, arthritis of the hands, arthritis of the wrists, arthritis of the elbows, and arthritis of the right shoulder.

The Veteran's right shoulder tendonitis has been rated at 10 percent since the initial grant of service connection. The most recent VA examination showed limited range of motion, but no additional limitation with repetitive use or pain.

The Board has determined that the Veteran does not have service connection for any of the claimed conditions, as there is no evidence of current disabilities or a link to service.

The Veteran's septic arthritis of the right shoulder is being remanded for additional development, including a travel board hearing. The appeal is related to secondary service connection.

The Board has determined that the Veteran's current neck and shoulder condition is related to his in-service injury, and service connection for this disability is granted.

The Board has granted service connection for left ear hearing loss, finding that the Veteran's current hearing loss is related to his military noise exposure. The upper back and shoulders disorder claim remains pending as an examination was not conducted.

The Board has denied the Veteran's claims for service connection for drug and alcohol dependence, bilateral shoulder disorder, headache disorder, kidney disorder, acquired psychiatric disorder (including major depressive disorder, anxiety disorder, disturbances of motivation and mood), loss of smell, scars of the feet, and right eye disorder as they are not shown to have had their clinical onset during service or to be caused by a service-connected disability.

The Veteran's death was not caused by a service-connected disability, and therefore the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.