Shoulder decisions — 2012

The Veteran withdrew his claims for service connection for bilateral hearing loss and tinnitus prior to the Board's decision.

The Board has reopened the claims of service connection for arthritis, bursitis, neck disorder, traumatic arthritis of the right elbow and hand, right shoulder disorder, respiratory disorder (granulomas), and low back disability. The decision is mixed as some issues are granted while others are denied.

The Veteran's paroxysmal atrial fibrillation, bilateral hearing loss, and numbness of the arms, shoulders, and left leg were all granted service connection. The Veteran does not have a current disability for VA purposes related to his bilateral hearing loss.

The Veteran's claims for increased evaluations were denied. The Board found that the current disability ratings assigned are appropriate.

The Veteran's right shoulder disability, which was previously granted service connection and assigned a 10 percent rating, is now rated at 20 percent due to some limitation of motion with pain and weakness that functionally limits motion of the joint to shoulder level.

The Board has granted service connection for a cervical spine disability, finding that the Veteran's current condition is related to an in-service aircraft accident. The right shoulder disability claim is remanded due to insufficient evidence.

The Veteran's claim for a TDIU remains on appeal due to the need for further examination and opinion regarding his service-connected disabilities. The RO is instructed to arrange for a VA mental disorders examination, obtain any additional evidence, and readjudicate the claim.

The Veteran's appeal is being remanded for a travel board hearing before a Veterans Law Judge at the Muskogee RO.

The Veteran's service-connected disabilities are deemed to prevent him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Board found no evidence linking the Veteran's claimed conditions to service, including her hysterectomy and irritable bowel syndrome. The Board also determined that there was insufficient medical evidence to establish a current disability for headaches or bruxism. For muscle spasms of bilateral shoulders, the underlying preexisting condition did not worsen during service.

The Board denied the Veteran's claim to reopen his previously denied service connection for sleep apnea, finding that he did not submit new and material evidence.

The Veteran's erectile dysfunction is service-connected, but the Board finds that his unexplained joint pains are at least in equipoise with service connection. The case will be remanded for further development.

The Board found that a bilateral shoulder disorder was not incurred or aggravated in service and is not proximately due to, or the result of, the service-connected degenerative disc disease of the cervical spine.

The Veteran's right shoulder disability is currently rated at 30 percent, which corresponds to limitation of abduction to no less than 90 degrees. The claim for an increased rating is denied as the evidence does not support a finding of more than this level of impairment.

The Veteran's claims for service connection have been denied as the evidence does not establish a current disability related to his in-service injuries or events.,Service connection has been granted for residuals of left leg fracture (left lower extremity radiculopathy).

The Veteran's initial claim for an increased evaluation of his right shoulder disability was denied as the evidence did not show limitation of motion to 25 degrees from side, which is required for a higher rating.

The Board has determined that the Veteran does not currently have bilateral hearing loss or a right shoulder disorder for which service connection is warranted. The claim for residuals of a traumatic brain injury and acquired psychiatric disorder (claimed as anxiety) remains pending.

The Veteran's service-connected post-operative right shoulder impingement syndrome was not found to warrant a higher disability rating prior to November 28, 2007, and from March 1, 2008, the condition has not been manifested by limitation of arm to 25 degrees from side; or fibrous union of humerus.

The Board has denied the Veteran's claims for service connection for diabetes, erectile dysfunction, and a skin disorder. The claim for residuals of dental trauma was not reopened due to lack of new and material evidence.

The Veteran withdrew his appeals on the issues of reopening claims for left shoulder and left knee disabilities.