Shoulder decisions — 2013

The Board has granted service connection for bilateral shoulder and elbow disorders, as well as a left ankle disorder. The Veteran's current conditions are believed to be due to injuries sustained during active military service.

The Board found that the Veteran's service-connected right and left shoulder disabilities do not warrant evaluations in excess of 30 percent and 20 percent, respectively. The evidence did not show ankylosis or fibrous union of the humerus, nor limitation of motion to 25 degrees from side for either shoulder.

The Veteran's claim for right ear hearing loss was denied as there is no evidence of current right ear hearing loss or a nexus to service.,For the entire increased rating period under appeal, the Veteran's cognitive disability did not meet the criteria for an increased rating in excess of 50 percent.,For the entire increased rating period under appeal, the Veteran's seizure disability did not meet the criteria for an increased rating in excess of 20 percent.,For the increased rating period prior to August 22, 2011, the Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a compensable rating.,For the entire increased rating period under appeal, the Veteran's headaches met the criteria for a 10 percent rating based on symptomatology that is more nearly approximating characteristic prostrating attacks averaging one in two months over the course of several months.,For the initial rating period under appeal, the Veteran's degenerative changes of the right elbow did not meet the criteria for a compensable rating.,For the initial rating period under appeal, the Veteran's degenerative changes of the left elbow did not meet the criteria for a compensable rating.,For the initial rating period prior to April 1, 2011, the Veteran's degenerative arthritis of the left shoulder did not meet the criteria for a compensable rating. From April 1, 2011, the Veteran's degenerative arthritis of the left shoulder met the criteria for a 10 percent rating.

The Board has determined that the Veteran does not have a right shoulder disorder that began in service or is causally related to his military service.

The Veteran's death was caused by hypertension, which is presumed to have been incurred in service. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as the cause of death is service-connected.

The Veteran's appeal is being remanded to obtain additional medical records and to provide a VA examination. The TDIU claim will be adjudicated after the left shoulder service connection issue is resolved.

The Board has determined that the Veteran's service connection claim for residuals of a left shoulder separation/dislocation is granted, as his current disability is due to an injury incurred during active service.

The Veteran's appeal is being remanded for additional examinations and development of his claims, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits documentation.

The Veteran was granted a higher initial rating of 20 percent for his left shoulder disability as of November 19, 2007.

The Veteran's service-connected left shoulder shrapnel wound with residual scar is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5301. The claims for higher ratings are denied.

The Veteran's labral tear of the left shoulder is currently rated at 20 percent, effective from March 9, 2007. The disability does not meet or approximate the criteria for a higher rating.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection and TDIU. This includes obtaining her service treatment records, VA treatment records, and any relevant private medical records. The Veteran will also be scheduled for appropriate examinations to address the etiology of her current left shoulder and low back disorders.

The Veteran's appeal includes multiple issues related to various disabilities, including hearing loss, elbow and knee conditions, spine disorders, foot problems, and a scar. The case is being remanded for further development.

The Board denied the Veteran's claims of service connection for PTSD, low back disability, and right shoulder disability due to lack of credible supporting evidence that a stressor actually occurred during his military service.

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

The Veteran's initial ratings for his service-connected traumatic arthropathy of the left shoulder have been denied. The Board found that the evidence did not support a higher rating prior to May 30, 2012 and from May 30, 2012 forward.

The Board has remanded the case for an addendum from the November 2012 VA examiner to clarify the opinion regarding service connection. The Veteran is seeking service connection for a right shoulder disorder, and the RO/AMC should ensure that the examiner report complies with this remand.

The Veteran's left knee degenerative joint disease was diagnosed within the first post-service year following his second period of active duty. The Board has granted service connection for this condition.

The Veteran's appeal for a TDIU is being remanded due to the need to address his prostate cancer claim and obtain additional VA treatment records. The RO will also provide an examination to determine if he can work due to his service-connected disabilities.