Shoulder decisions — 2013

The Board has found new and material evidence to reopen the Veteran's claims for service connection of low back, left shoulder, and left hip disabilities. However, it did not find new and material evidence to reopen his claim for service connection of a neck disability.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and arranging for a VA examination. The Veteran's claims of service connection for right ankle, bilateral knee, and shoulder disabilities are pending.

The Board has determined that the Veteran's left shoulder bursitis with impingement syndrome is related to his active duty service and grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected gunshot wound injury to the right shoulder, with involvement of Muscle Group III, was denied as the assignment of a greater than 20 percent rating is prohibited due to the nature of the disability being evaluated.

The Veteran's claim for an increased rating for left shoulder tendonitis is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the Veteran's current right shoulder disorder, diagnosed as degenerative disease/osteoarthritis with probable impingement syndrome, was not incurred in or aggravated by service. The claim for bursitis is denied.

The Veteran's initial claim for a higher rating for his left shoulder disability was granted, and he is currently receiving a 10% rating since July 28, 2010.

The Board has granted service connection for tinnitus, but the Veteran's remaining claims of service connection for right ankle disorder, left knee disorder, bilateral shoulder disorder, cervical spine disorder, and back disorder are remanded for further development.

The Veteran's service-connected disabilities combine to meet the criteria for a total disability rating based on individual unemployability due to his depression and other service-connected conditions.

The Veteran's appeal for TDIU prior to November 18, 2011 was not fully addressed due to a procedural error. The Board finds that the Veteran is unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board denied service connection for a right side flank or shoulder disorder and bilateral vision impairment, finding that the conditions were more likely due to natural aging process and post-service medical treatment, respectively.

The Board has determined that a remand is necessary to obtain additional evidence and to schedule the Veteran for VA examinations to address his claims.

The Board has granted service connection for degenerative changes of the cervical spine and denied service connection for residuals of appendicitis with ruptured colon. The Veteran's current neck disability is found to be related to his military service, while there is no evidence linking the residuals of appendicitis to his service-connected conditions.

The Board has granted an extension to February 18, 2009 for a temporary total evaluation based on the service-connected left shoulder arthritis requiring a period of convalescence.

The Board found that the Veteran's injuries were not caused by carelessness, negligence, or lack of proper skill on the part of VA medical providers. The additional disabilities were not due to an event not reasonably foreseeable.

The Veteran's appeal for an increased rating for his right shoulder disability was denied. The Board also remanded the TDIU claim, which is currently pending.

The Board has determined that the Veteran's claimed back, head, right shoulder, and right hip disabilities are not related to service. The evidence does not support a finding of continuity of symptomatology or direct service connection.

The Board found that the Veteran's disabilities of the shoulders and knees did not manifest during service or within one year thereafter, nor are they otherwise related to such service. The claims were denied.

The Board granted an initial 20 percent disability rating for the Veteran's service-connected right shoulder disability, effective February 6, 2012. The previous ratings were assigned from March 4, 2005 to January 23, 2007, and from August 1, 2007 to February 5, 2012.