Shoulder decisions — 2012

The Veteran's claims for service connection for left wrist, hand, shoulder, arm, and cervical/lumbar spine disorders are denied as there is no evidence of in-service injury or disease that could be causally related to these conditions.

The Board denied the Veteran's claims for a higher rating for his right shoulder disability and TDIU, finding that the current 40 percent evaluation adequately reflects the severity of his condition.

The Veteran's shoulder disability is found to be directly related to his military service, with the VA examiner concluding that it is less likely as not caused by in-service events. The claim for service connection is granted.

The Veteran's current left shoulder disability is presumed to be related to service, as evidenced by his reported symptoms and the VA examination.,Service connection for aplastic anemia has been granted based on a finding that it was caused by in-service exposure to benzene.

The Veteran's left shoulder disability is currently rated at 30 percent as of January 18, 2011. The evidence does not support a higher evaluation.

The Board has remanded the case for a personal hearing before a traveling member of the Board of Veterans' Appeals as soon as practicable.

The Board has remanded the case for further development due to inadequacies in the March 2006 VA examination and failure to satisfy the duty to assist.

The Veteran's claims for increased ratings, service connection, and reopening of previously denied claims were all denied by the Board. The Veteran was granted a rating for tinnitus but not for hearing loss or other conditions.

The Veteran's cause of death was due to metastatic rectal cancer, which is not service-connected. The Board found no evidence linking the cancer or its causes to any service-connected condition.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to evaluate his service-connected left shoulder, right knee, and cervical spine disabilities.

The Veteran's right shoulder disability was granted service connection and rated at 10 percent, effective August 29, 2007. The gynecological disability (bilateral salpingectomy and left oophorectomy with pelvic adhesive disease) was also granted service connection and rated at 10 percent, effective the same date.

The Board has remanded the case for further development, including obtaining VA and SSA records, scheduling examinations to determine the nature and likely etiology of the Veteran's right shoulder, headache, and sleep disorders, and readjudicating the claims.

The Veteran's claims for service connection for a right side nerve condition and left inguinal hernia have been denied as there is no evidence of such conditions during his active service or related to his service.,For the increased rating claim, the Veteran has provided new medical records indicating deterioration in his hearing since his last examination.

The Board found that the Veteran's left shoulder and bilateral foot disabilities did not have their onset during service, are not causally related to any incident in service, and did not manifest to a compensable degree within one year of service. Therefore, the claims for these conditions were denied.

The Veteran's increased evaluations for his left shoulder disabilities were granted, with a separate compensable evaluation for the scars. The effective date is not specified.

The Veteran's claim for a single rating in excess of 30 percent for shrapnel wound injuries to muscle groups I, II, III, and IV of the left shoulder from March 25, 1996 to July 3, 1997 is denied. The Board found that the evidence did not support such a high rating during this period.

The Board has granted the Veteran's claims of entitlement to service connection for sleep apnea and left shoulder disorder, finding that there is at least a reasonable doubt in favor of his claims based on credible lay statements of record.

The Veteran withdrew their appeal regarding the issues of service connection for right shoulder and lumbar spine disabilities prior to a decision being made.

The Veteran's left shoulder osteoarthritis is currently rated at 20 percent, the maximum schedular rating available for this condition. The disability is characterized by pain and limited motion to a degree that does not warrant an increased rating.

The Veteran's service-connected disabilities, including amputation of the left lower extremity and other conditions, require regular aid and attendance. The case is being remanded for further review.