Shoulder decisions — 2012

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Veteran's service-connected disabilities rendered him unemployable from January 23, 2007 to September 30, 2008.

The Board has determined that additional development is needed to obtain outstanding medical records and an opinion regarding the Veteran's substance abuse. The case will be returned to the RO for further action.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current disability is at least as likely as not due to his military service. The other issues of service connection for arthritis of the left shoulder, acid reflux disease, and hepatitis C are being remanded for further development.

For the period from November 20, 2002 to March 5, 2009, the Veteran's right shoulder disability was rated as 20 percent disabling. As of March 6, 2009, it was increased to 30 percent.,The Veteran's left shoulder disability has been rated at 20 percent since November 20, 2002 and increased to 50 percent effective March 6, 2009.

The Veteran's service-connected right shoulder disability is currently rated as noncompensable prior to June 28, 2011 and 10 percent thereafter. The evidence does not support a compensable rating for the period prior to June 28, 2011.,As of June 28, 2011, the Veteran's right shoulder disability is rated as 10 percent disabling.

The Veteran's appeal for service connection of liver disease was withdrawn prior to the Board's decision. The issues of right shoulder injury/arthritis and fractured right ankle are remanded for additional development.

The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a bilateral knee disorder, right shoulder disorder, ulcer disorder, insomnia, gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.,The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a chronic gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.

The Board finds that the Veteran's thoracic outlet syndrome affecting the right upper extremity had onset in service and is therefore granted service connection.

The Veteran's claims for service connection for bilateral shoulder and elbow disabilities are being remanded due to the need for further development, including a VA examination.

The Board has reopened the Veteran's claims for service connection of arthritis of the left and right shoulders due to new evidence received since the last denial. However, no rating increase was granted as the residuals of a fracture of the right little finger continue to meet the criteria for a non-compensable evaluation.

The Board denied the Veteran's claims for service connection for a right shoulder disorder and psuedofoliculitis barbae, finding that there was no evidence of chronic disability in service or continuity of symptomatology after service.

The Board denied service connection for the Veteran's claimed conditions, finding that his hearing loss did not meet VA criteria for a disability and thus could not be service-connected.

The Board found no evidence of a chronic right shoulder disability during service and insufficient medical evidence to establish a nexus between the current condition and service. The Veteran's claim for service connection was denied.

The Veteran's lumbar spine degenerative changes were productive of localized tenderness severe enough to cause an abnormal gait or abnormal spinal contour from December 27, 2007, to May 10, 2009. The RO granted a rating of 20 percent for this period.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed disabilities and to obtain relevant medical records. The claims are being remanded for these purposes.

The Board is remanding the Veteran's claims for service connection and increased ratings due to incomplete development of his medical records, including those from his recent shoulder surgery. The claims will be reconsidered in light of any additional evidence obtained.

The Board has determined that the Veteran's right shoulder and right knee disorders are due to service, while his left knee disorder is a result of his right knee disability. The Veteran's preexisting right knee condition was aggravated by service.

The Veteran's appeal is being remanded for additional development to address the nature and etiology of his current right shoulder disability, including whether it is related to service.

The Board has determined that the Veteran's left shoulder disability is related to service, and thus granted his claim for service connection.