Shoulder decisions — 2013

The Veteran's appeal has been dismissed as the issues of service connection for various shoulder and hand conditions, a stomach ulcer, and an initial rating in excess of 10 percent for hemorrhoids have all been withdrawn by the Veteran through his authorized representative.

The Veteran's appeal is being remanded due to the failure to reschedule his videoconference hearing. The claims for service connection and rating higher than 20 percent for left shoulder sprain, as well as pes cavus, will be returned to the RO for further action.

The Board denied the Veteran's claims for service connection for diabetes mellitus and an increased evaluation for his right shoulder disability, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the Veteran does not have residuals of a left shoulder injury related to service or a service-connected disability, and her major depressive disorder was incurred in service. The peripheral arterial occlusive disease of right thigh with scar is not related to service or a service-connected disability. The initial rating for the right shoulder strain remains denied.

The Board has reopened the Veteran's claim of entitlement to service connection for a right shoulder disorder and granted it, finding that new and material evidence had been submitted.

The Board has determined that the Veteran does not meet the criteria for service connection for hearing loss, chronic bronchitis, or hypertension. The claims of service connection for psychiatric disorder (to include PTSD), neck condition, COPD, sinus and allergy problems, left knee condition, right knee condition, right shoulder condition, skin disorder, and hypertension are denied.

The Board has remanded the case due to new evidence received since the November 2011 statement of the case, and further development is required before a final decision can be made.

The Veteran's timely notice of disagreement with the July 2010 rating decision has been acknowledged, and his claims for service connection are now considered.

The Veteran's service-connected disabilities, including bursitis of the left shoulder, cervical spine arthritis, tinnitus, post-traumatic stress disorder, and bilateral hearing loss, do not render him unemployable.

The Board denied the Veteran's claims for secondary service connection for obstructive sleep apnea as related to his service-connected chronic bronchitis and increased ratings for chronic bronchitis. The Board found that there was no probative evidence of a direct relationship between the Veteran's obstructive sleep apnea and his service-connected chronic bronchitis, and also determined that the Veteran did not meet the criteria for an increased rating prior to January 29, 2008 or from January 29, 2008 to October 21, 2009.

The Board has determined that the Veteran's fatigue and joint pain/aches in areas other than shoulders and knees are related to his service in the Persian Gulf, constituting a qualifying chronic disability under 38 U.S.C.A. § 1117.

The Veteran's right shoulder and sinus disorders are being remanded for additional development, including obtaining medical records from various VA facilities. The claims will also be evaluated based on the Gulf War exposure basis.

The Veteran's claims for service connection of right ankle, left ankle, left knee, left shoulder, left hip and neck (cervical spine) disorders were denied as there is no evidence of current disabilities.

The Veteran's claim for service connection for a left shoulder disability is being remanded due to the need for an adequate examination and opinion regarding the etiology of his claimed condition.

The Veteran's service-connected disabilities, including his left shoulder disability and residual scar, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the extent and severity of his right shoulder disability.

The Veteran's appeal is being remanded for additional development, including a new VA examination and obtaining SSA disability records. The issues of increased ratings for bilateral shoulder disabilities and TDIU are also being considered.

The Board has determined that the Veteran's current left shoulder disorder is related to his active duty service, and thus grants the claim for service connection.

The Board denied the Veteran's claims of service connection for various conditions, including keloid scars, an acquired psychiatric disorder (including PTSD and MDD), a right shoulder disability, a left shoulder disability, and a cervical spine disability. The evidence did not meet the criteria for reopening the claim regarding keloid scars, and there was insufficient evidence to establish service connection for any of the other conditions.

The Veteran seeks service connection for a left shoulder disability, which he claims is related to his active service. The VA examiner found no current degenerative joint disease and opined that the Veteran's current disability was not related to service or the service-connected hiatal hernia residuals.