Shoulder decisions — 2013

The Veteran's claims for service connection for various conditions, including right knee and left knee disabilities, chest pain, back disability, night sweats, a psychiatric condition (claimed as sleeping problems), cervical spine disability, right shoulder disability, jaw pain, and hearing loss were denied. The Board found no evidence of current disabilities or associations with service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied 1151 claim for residuals of left shoulder surgery. The newly submitted evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the Veteran's claim for service connection for a left shoulder disability, finding that there was insufficient evidence to establish a nexus between his current left shoulder disability and his service-connected left hand disabilities.

The Veteran's claims for bilateral hearing loss, left ankle disorder, left shoulder disorder, right wrist disorder, and left knee disorder were previously denied due to lack of current diagnoses. New evidence has been submitted that raises a reasonable possibility of substantiating these claims.

The Veteran's joint disorder, including osteoarthritis and shoulder impingement syndrome, is not service-connected as it is related to the natural aging process.,There is no evidence of tinnitus in service or within one year after discharge. The VA examiner opined that the Veteran's tinnitus is less likely than not caused by military noise exposure.,The Veteran does not have a diagnosed sleep disorder, and his reported difficulty sleeping due to anxiety and nightmares is not supported by medical records.,There is no evidence of fatigue in service or within one year after discharge. The Veteran's current condition is attributed to the natural aging process.,The Veteran had missing teeth at the time of discharge from service, but this does not meet the criteria for service connection as it was not due to loss of substance of the body of the maxilla or mandible.

The Veteran's right shoulder disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5203. The Board finds that an evaluation in excess of 20 percent for his service-connected postoperative residuals, right acromioplasty with resection of the distal clavicle does not meet the criteria for a higher evaluation.

Your claims of service connection for cervical spine and shoulder disorders, to include as secondary to a service-connected lumbar spine disability, have been dismissed due to lack of jurisdiction.

The Veteran's claim for service connection for spondylosis of the thoracolumbar spine has been granted. The claims for allergies, hearing loss, glaucoma, and rheumatoid arthritis and/or arthritis of the cervical spine, elbows, wrists, and hips have also been granted with appropriate ratings. Other claims were denied.

The Board has denied reopening of the Veteran's claims for service connection for residuals of a head injury, residuals of a left shoulder injury, and breathing problems with cough due to lack of new and material evidence.

The Veteran's claims for increased disability rating and effective date prior to September 5, 2008 were denied. The left shoulder disability is rated as 10 percent disabling under the Diagnostic Codes 5003 and 5201.

The Veteran's appeal for service connection for residuals of a right shoulder dislocation was dismissed due to withdrawal. The claims for service connection for a right inguinal hernia and anal fissure, status post sphincterectomy, as well as the claim for a higher rating for depressive disorder are being remanded for further development.

The Board has determined that the Veteran's current right heel condition and right shoulder rotator cuff tear with surgery are not related to his active duty service.

The Board has granted service connection for right shoulder disability, residuals of burns of the left hand, and left knee disability. Service connection was denied for testicular pain.

The Veteran's claim for special monthly compensation (SMC) is denied as he does not meet the criteria under VA regulations, specifically failing to have a single service-connected disability rated at 100% and additional disabilities independently ratable at 60%.

The Board found that the Veteran's left ear hearing loss did not have onset in service or within one year of service and was not caused by his active military service. The VA examiner noted normal hearing at separation from service, and there is no evidence of post-service treatment for sensorineural hearing loss until approximately five years after discharge. For the shoulder condition, there is no competent medical evidence of a current left shoulder disability.

The Board has remanded the case for additional development, including obtaining VA treatment records and SSA records. The Veteran's claims for arthritis of various joints are being reviewed.

The Veteran's right shoulder disorder is not service connected and the Board finds that it is less likely than not related to his service-connected left knee disability. The Veteran does not meet the schedular criteria for a TDIU based on his service-connected disabilities.

The Veteran's combined rating of 70 percent due to service-connected disabilities does not meet the criteria for a TDIU as his disorders do not preclude him from securing and following a substantially gainful occupation.

The Veteran's cervical spine and bilateral shoulder disabilities are found to be service-connected, with no effective date provided as the appeal is for a grant of benefits.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the nature and etiology of his claimed disabilities.