Shoulder decisions — 2012

The Veteran's claim for a disability evaluation in excess of 40 percent for his right shoulder rotator cuff repair is being remanded due to the submission of additional evidence. The case will be returned to the agency of original jurisdiction (RO) for review and preparation of an supplemental statement of the case.

The Board has reopened the Veteran's claims for service connection for degenerative joint disease of the cervical spine, left shoulder, and right shoulder. The effective dates for these disabilities are being remanded for further development.

The Veteran's appeal for increased ratings and service connection was denied. The maximum schedular rating available for tinnitus is 10 percent, which the Veteran already receives.

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

The Board has determined that the Veteran's current right shoulder disability, including degenerative joint disease, was not incurred in or aggravated by service and is unrelated to an injury or event of service origin.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to issues related to consent and a VA examination.

The Board has remanded the Veteran's claims due to incomplete service records and the need for additional medical opinions regarding his hearing loss and tinnitus.

The Board has determined that the Veteran's pre-existing cervical spine/shoulder muscle disability was aggravated by his military service, and thus service connection is granted.

The Board has determined that the Veteran does not have current Lyme disease or any residuals thereof, and therefore service connection for these conditions is denied.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the current severity of his service-connected right elbow disability and whether it precludes him from securing and following substantially gainful employment. The case will also be referred to the Director of Compensation and Pension for consideration of entitlement to a TDIU under 38 C.F.R. § 4.16(b).

The Veteran's claim for a higher initial rating was granted, and she is now receiving a 20% rating for her right shoulder separation from June 11, 2011.,An effective date of September 3, 2008 has been established for the award of service connection for residuals of a right shoulder separation.

The Board has determined that the appellant's left shoulder tendonitis and bilateral hand numbness are related to her active service, granting her claims for these conditions.

The Board found that the Veteran's current right shoulder disorder was not incurred as a result of service, and thus denied his claim for service connection.

The Veteran's right shoulder disability, characterized by nonunion of the acromioclavicular joint and periarticular pathology including pain and some limitation of motion without clinical evidence of loose movement, ankylosis, fibrous union, malunion or loss of the humeral head, does not meet the criteria for a rating in excess of 10 percent.

The Veteran withdrew her appeals for the claims of service connection for hypertension, residuals of bilateral lower extremity stress fractures, and painful joints (hips, shoulders, and others), also claimed as unspecified joint pain.

The Board denied service connection for lumbar spine degenerative disc disease, arthritis of the cervical spine, bilateral shoulder arthritis, and residuals of a head injury due to lack of evidence linking these conditions to active military service.

The Board has determined that the Veteran's allergic rhinitis began during her military service and is related to her current condition. The right shoulder disability, arthritis of the right foot, and foot calluses are not considered service-connected.

The Veteran's PTSD is currently rated at 30 percent, and his claim for a higher rating has been denied. The Board also found that he does not meet the criteria for TDIU due to service-connected disability.

The Board found that the Veteran's right shoulder disorder preexisted service and was aggravated by a car accident during active duty, thus denying his claim for service connection.

The Veteran's left shoulder disability, manifested by frequent episodes of dislocation with severe pain and limited range of motion, has been rated at a 30 percent disability rating since September 26, 1998.