Shoulder decisions — 2013

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Veteran's service-connected disabilities, including PTSD with depressive disorder and cervical strain, have rendered him unable to secure or maintain substantially gainful employment. The VA has determined that the Veteran is unemployable due to his service-connected conditions.

The Board has determined that the Veteran's current right shoulder, left knee, and right knee disabilities are not related to his active duty service.

The Board has decided that the Veteran's appeal is not about service connection and thus does not address any of his claims for service connection. The case must be remanded to schedule a videoconference hearing.

The Board has granted service connection for right and left lower extremity radiculopathy, but denied the Veteran's claims for a leg disorder and a right shoulder disorder.

The Board has determined that the Veteran's right shoulder disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's claim for service connection for a right shoulder disability, including DJD and mild shoulder impingement syndrome, is being remanded due to the need for additional development of his medical records.

The Board found that the Veteran's bilateral hand and finger disabilities, as well as his bilateral shoulder disabilities, did not originate during service or due to any incident of active service. The evidence does not support a finding of service connection for these conditions.

The Board denied the Veteran's claim for service connection for tinnitus. The issue of entitlement to a temporary total disability rating due to convalescence is pending as there was a notice of disagreement, but no statement of the case has been issued yet. The right shoulder disability claim remains under review.

The Board has decided to remand the Veteran's claims for additional development due to incomplete service records and need for a VA examination.

The Board finds that the appellant's service-connected disabilities, including PTSD and depression, have rendered him unable to secure or follow substantially gainful employment prior to June 23, 2009.

The Board denied the Veteran's claims for service connection for bilateral finger disability and left shoulder disability, as well as his claim for an initial compensable rating for residuals of left ankle sprain prior to May 23, 2012, and a rating in excess of 10 percent thereafter. The appeal is dismissed.

The Board has remanded the case for further development, including obtaining updated VA treatment notes and a VA supplemental medical opinion. The Veteran's representative is to be notified of the February 2013 supplemental statement of the case.

The Board has ordered a VA examination to determine if the Veteran's right arm and hand disabilities are caused by or aggravated by his service-connected shell fragment wound of the right shoulder. The case is now remanded for further development.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Veteran's left shoulder disability is currently rated at 30 percent, effective October 11, 2011. The Board found that the evidence did not support a higher rating prior to this date.

The Board found that the Veteran's current left shoulder disability is not related to his military service and denied his claim for service connection.

The Board found that the Veteran's stated vocational goal of concrete sales was not reasonably feasible due to his service-connected and nonservice-connected disabilities, including a severe brain injury from a motor vehicle accident. The VRC concluded that achieving this goal would be unreasonable given his current medical condition.

The Veteran's appeal is being remanded for further development, including obtaining outstanding VA treatment records and scheduling a VA examination to assess the severity of his lumbar spine disability.

The Board has determined that the Veteran's left shoulder dislocation with degenerative changes does not warrant a rating higher than the current 10 percent.