Shoulder decisions — 2013

The Veteran's disabilities of the cervical spine, lumbosacral spine, stomach, and left shoulder were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Board has granted service connection for gouty arthritis of the right wrist, right shoulder, and bilateral knees. The Veteran's current gouty arthritis is directly related to his previously service-connected gouty arthritis of the feet and ankles.

The Veteran has withdrawn his appeal, and the Board is dismissing the case.

The Board denied the Veteran's claims for service connection for spine, shoulder, and left leg and foot disabilities. The Board found that there was no evidence of any in-service injury or disease related to these conditions, and concluded that current diagnoses were not incurred during active duty.

The Board granted an increased rating of 20 percent for the Veteran's right shoulder disability, effective April 2, 2004.

The Board denied all increased evaluations of appeal for right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain.

The Board found that the Veteran's back, left shoulder, and left lower extremity disabilities did not have onset in service or within one year of service and were not caused or aggravated by his active service.

The Board has determined that the Veteran's arthritis of the right foot, left shoulder, right hip, and upper and lower spine is secondary to his service-connected bilateral knee disability.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Veteran's appeal for increased ratings for his right shoulder disorder was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent from December 6, 2005 to June 15, 2010 and did not meet the criteria for a rating in excess of 30 percent beginning August 1, 2010.

The VA determined that the Veteran's current disabilities, including arthritis of multiple joints, back pain, shoulder pain, knee pain, and wrist pain, were not incurred in or caused by his active military service. The Board found the evidence insufficient to establish a connection between these conditions and his service.

The Veteran's left shoulder condition, tendonitis and/or bursitis, was not incurred in or aggravated by service. Her right shoulder injury is unrelated to any event or disease in service.,The cervical spine sprain/strain was also not incurred in or aggravated by service.

The Veteran withdrew his appeal with respect to all pending claims prior to the Board's decision.

The Veteran's right shoulder degenerative joint disease was manifested by complaints of pain but the preponderance of evidence demonstrated that his range of motion did not meet criteria for a higher rating prior to January 9, 2012 and after January 9, 2012.

The Veteran's right shoulder impingement syndrome, which is the major side, has been manifested by a disability picture approximating limitation of motion of the arm at the shoulder level. The Board finds that the examination report reflects that the examiner conducted a relevant physical examination and reviewed relevant diagnostic studies.

The Veteran's bilateral inguinal hernia disability is not service-connected as there was no evidence of a pre-existing condition during service and the current condition did not manifest until after discharge. The other issues were either not addressed or are not supported by sufficient evidence.

The Board denied the Veteran's claims for service connection for right and left shoulder bicipital tendonitis, finding that his symptoms did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Veteran's right shoulder bursitis is currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 5201. The appeal for a higher disability rating for his service-connected right shoulder bursitis has been granted.

The Veteran's service-connected PTSD is rated at 50 percent as of July 8, 2009. The cervical spine and bilateral shoulder disorders are not service connected due to lack of evidence showing arthritis during or within one year after service. Headache disorder was not addressed in the decision.

The Veteran's claims are being remanded for additional development, including obtaining SSA records and VA treatment records.