Shoulder decisions — 2012

The Veteran's right shoulder disability was reduced from a 30 percent rating to a 20 percent rating, but the Board found that this reduction was not properly made and restored the original 30 percent rating.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for an initial rating in excess of 10 percent for bilateral pes planus, or for an initial compensable rating for left shoulder osteoarthritis. His hearing loss was not related to military noise exposure, but his tinnitus is etiologically related to service. PTSD and chronic depression were not found to be service-connected.

The Veteran's appeal is being remanded for additional development, including a new VA examination for his right shoulder disability and issuance of a statement of the case (SOC) regarding service connection for a right upper extremity neurological disability.

The Board is reopening the claim for service connection for a low back disability due to new and material evidence, but remanding it for further development. The claims for left shoulder/upper back disability and additional left wrist disability are also being remanded.

The Veteran's appeal for TDIU is being remanded due to the need for additional development, including a VA examination and readjudication of his claim.

The Board has ordered additional development to verify the Veteran's duty status and obtain his complete STRs, as well as VA and private treatment records. The Veteran is seeking service connection for low back and right shoulder disabilities.

The Veteran's arthritis of the lumbar and cervical spine were not shown to be present during service or within one year thereafter, and any current diagnoses are not attributable to service.,The Veteran's bilateral shoulder disorder has no current diagnosis in the record.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling examinations to determine the nature and etiology of his current sinusitis and skin disabilities.

The Board has remanded the case due to a lack of service treatment records from the Veteran's period in the Georgia Army National Guard. The case will be returned for further development and readjudication.

The Board found that the Veteran's current back and bilateral shoulder disabilities are not related to his military service, including an in-service motor vehicle accident. The VA examiner concluded that these conditions are more likely due to natural aging process rather than service connection.

The Veteran's left knee disability is currently rated at 20 percent for moderate instability. The Board has granted this rating and remanded the claim to obtain a new VA examination and etiological opinions.

The Board has determined that the Veteran's current tinnitus is of service origin and grants service connection for this condition. The remaining issues are remanded for further examination and evaluation.

The Veteran's appeal is remanded to the RO for further development, including scheduling VA examinations and readjudication of his claims.

The Veteran withdrew his appeal of the issue of entitlement to service connection for degenerative disc disease of the cervical spine (claimed as neck injury) during his October 2011 Board hearing. The remaining issues are remanded for further development.

The Veteran's death was ruled as a result of suicide, and the Board found that his service-connected disabilities did not contribute to his death. The appellant claimed service connection for the cause of death based on a psychiatric disorder first manifested in service, but the evidence showed no nexus between any service-connected disability and the Veteran's post-service depression. The Board concluded that the Veteran's post-service depression was not a psychosis warranting presumptive service connection.

The Board found that the Veteran's right shoulder disability does not warrant a higher initial rating as his symptoms do not meet or approximate the criteria for any schedular evaluation in excess of 10 percent.

The Veteran's appeal is being remanded for additional development to secure pertinent records and obtain VA examinations.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge. The issues of service connection and reopening claims are not addressed as this case has been returned to the Board.

The Veteran's claims for higher initial ratings and earlier effective dates are denied. The RO has scheduled her for VA examinations to determine the current severity of her disabilities.,An effective date of August 8, 2005, is assigned for the awards of service connection for arthritis of the cervical spine, arthritis of the right shoulder, and hiatal hernia, gastroesophageal reflux disease (GERD), gastroparesis, and cholecystitis.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code is denied as his service was characterized as honorable conditions and the reason for discharge was misconduct, not a service-connected disability.