Shoulder decisions — 2013

The Veteran's post-operative left shoulder disability is productive of chronic pain and limited motion, warranting a 20 percent evaluation.

The Veteran's service-connected left shoulder disability is currently rated as 0 percent disabling, and the Board finds that a higher initial rating is not warranted.

The Board has determined that the Veteran does not have current disabilities of left ear hearing loss, right shoulder tendonitis, or right knee tendonitis. Therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities, including right shoulder bursitis, left shoulder bursitis, thoracolumbar spine disability, sinusitis, eosinophilic granule residuals, and cervical diskectomy with mild loss of range of motion, have resulted in a combined rating of 70 percent as of May 1, 2009. The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities precluding him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and providing the Veteran with VA examinations to address the existence and etiology of his claimed disabilities.

The Veteran's claims for service connection for arthritis of the right shoulder and low back are being remanded due to the need for a medical opinion regarding the onset and etiology of these conditions.

The Veteran's claimed conditions of joint pain, fibromyalgia, rheumatoid arthritis, polyarthralgia and arthritis of multiple joints (excluding right shoulder and lumbar spine) were not incurred in or aggravated by active service.

The Veteran's claims for service connection for a chronic sleep disorder, initial compensable rating for left knee disability, initial rating in excess of 10 percent for cervical spine disability, and initial compensable rating for bursitis in the left shoulder were denied. The claim for headaches was partially granted with a 10% rating prior to April 13, 2012, and a 30% rating from that date onward.

The Veteran's left shoulder injury residuals have been rated at 20 percent since the effective date of service connection. The Board has determined that his condition warrants a higher rating to 40 percent due to ankylosis of the scapulohumeral articulation without fibrous union or nonunion of the humerus and limitation of motion to 25 degrees from the side.

The Board has determined that the Veteran does not have a current right leg, spine, or shoulder disability for which service connection can be granted. The evidence shows no chronicity of symptoms since his motorcycle accident in 1986 and no medical diagnosis of any current disabilities.

The Board denied the Veteran's claim for an increased rating for his service-connected right shoulder disability, finding that it did not meet the criteria for a higher evaluation.

The Board denied the Veteran's claims of reopening his pes planus and lumbosacral strain service connection claims, as well as his claim for heart disease. The left shoulder disability claim was also denied.

The Board found that the Veteran's left shoulder disability and bilateral arm and hand disabilities are not service-connected, as there is no evidence of a direct connection to military service or aggravation by a service-connected condition.

The Board has determined that the Veteran's current left shoulder disability first manifested during active duty for training (ACDUTRA) on September 8, 2001 and is related to a service-connected injury. As such, the claim for service connection is granted.

The Veteran's combined evaluation for compensation is 60 percent, which does not meet the threshold for a schedular TDIU rating. The Board finds that his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded for a personal hearing before the Board of Veterans' Appeals.

The Board has reopened the Veteran's claim for service connection of a right shoulder disability secondary to his service-connected left knee disability. The Veteran is granted a 20 percent rating for each knee disability, with limitations in motion and instability.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current nature and extent of his service-connected disabilities. The case will be readjudicated after this additional development.

The Board has determined that the Veteran's claimed conditions of polyarthralgia (arthritis or joint pain) and asthma are not service-connected, as there is no evidence to support a connection between these conditions and her military service.

The Veteran's hiatal hernia is not service-connected as it was not incurred or aggravated by her periods of active and inactive duty for training.,There is no evidence of a right shoulder disorder during the Veteran's periods of ACDUTRA, nor any current diagnosis.